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Minutes of the

Ordinary Meeting of Council

Wednesday 26 February 2020

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 3

2. Apologies. 3

3. Declaration of Interest/Disclosures. 3

4. Confirmation of Minutes. 4

5. Mayoral Minute. 4

5.1 Mayoral Minute: General Manager Performance Panel 4

5.2 Mayoral Minute: General Manager Performance Agreement. 5

6. Director of Planning Reports. 5

6.1 Department of Education Planning Update. 5

6.2 Development Consent No. DA155133E - Land & Environment Court Appeal, Truck Depot, 46 Carrington Road, Springrange. 6

6.3 Development Application No DA190179 - Horse Arena Cover, McIntosh Circuit, Murrumbateman 6

6.4 Development Application No. DA190192 - Home Industry, 4498 Gundaroo Road, Gundaroo. 7

6.5 Development Application No. DA190204 - Storage Shed, 32 Lute Street, Gundaroo. 7

6.6 2019/20 Community Grants. 7

7. Director of Engineering Reports. 9

7.1 Swimming Pools - Free Entry Trial 9

7.2 Road Reserve Weed Spraying Trial 10

7.3 Draft Water Restrictions Policy. 10

8. Director of Finance & Corporate Reports. 10

8.1 Draft Unreasonable Conduct by Customer Policy. 10

8.2 Investment and Borrowings Report. 11

8.3 Rate Arrears. 11

8.4 Six Monthly Reporting on the 2017/18- 2020/21 Delivery Program and 2019/2020
Operational Plan. 12

8.5 2nd Quarter Budget Review 2019/20. 12

9. General Manager Reports. 12

9.1 Independent Ombudsman. 12

9.2 Infrastructure Planning Priorities. 13

9.3 Organisational Realignment. 14

9.4 Petition - Proposed Distillery, Wee Jasper. 15

10. Notice of Motion. 15

11. Questions with Notice. 15

12. Minutes and Recommendations of Council Committees. 15

12.1 Minutes of the Local Emergency Management Committee and Rescue Committee meetings. 15

12.2 Minutes of the Traffic Committee Meeting held on 5 February 2020. 15

13. Confidential Matters. 16

13.1 Development Consent No DA155133E - Land and Environment Court Appeal - Truck Depot - 46 Carrington Road, Springrange. 16

13.2 Mayoral Minute: General Manager Performance Agreement. 17

Open Forum

Presentations to Council – Items on the Meeting Agenda

Item 6.4 DA190192 – Home Industry, 4498 Gundaroo Road, Gundaroo

Tim Sides

Presentations to Council

Police Presentation – Yass Local Area

Sgt Dave Cowell

Council Meeting - The Deputy Mayor declared the meeting open at 4.33 pm.

Present

Councillors Nathan Furry, Deputy Mayor, in the chair, Cecil Burgess, Geoff Frost, Allison Harker, Jasmin Jones, Michael McManus, Mike Reid and Kim Turner.

Also present were the General Manager – Chris Berry, Acting Director of Planning – Liz Makin, Director of Engineering – Stan Robb, Director of Finance & Corporate – Mark Eady and Corporate Planning & Executive Support Officer – Shirree Garland.

Acknowledgement of Country

1. Prayer

A minutes silence was observed in respect of the late Sharon Hutch, Council’s former General Manager and Director Finance & Corporate.

2. Apologies

RESOLVED that apologies be received from Councillor Abbey due to her attending Federal Ministerial meetings, and leave of absence be granted.

(Turner/McManus) 1

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

3. Declaration of Interest/Disclosures

Councillor Harker declared a significant, non-pecuniary conflict of interest in Item 6.6 2019/0 Community Grants and stated that she believed her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as she is a member of the Yass Pony Club.

Councillor Harker declared a non-significant, non-pecuniary conflict of interest in Item 7.2 Road Reserve Weed Spraying Trial and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as her residence is on one of the trial roads.

Councillor Jones declared a non-significant, non-pecuniary conflict of interest in Item 6.1 Department of Education Planning Update and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Jones declared an interest as she has a child at the school, but holds no executive position.

Councillor Reid declared a non-significant, non-pecuniary conflict of interest in Item 6.6 2019/20 Community Grants and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Reid declared an interest as he is a member of the Murrumbateman Landcare Group.

Chris Berry, General Manager, declared a pecuniary conflict of interest in Items 5.2 and 13.2 Mayoral Minute General Manager Performance Agreement.

Reason: Chris Berry declared an interest as the matter for consideration directly relates to the General Manager’s position.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 18 December 2019 covered by page numbers 1-11 inclusive and resolution numbers 281-304 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Jones/Reid) 2

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

5. Mayoral Minute

5.1 Mayoral Minute: General Manager Performance Panel

SUMMARY

Presenting a report on the Guidelines for the Appointment & Oversight of General Managers and recommend that future performance reviews of the General Manager be undertaken in accordance with the guidelines.

RESOLVED that the General Manager’s Performance Review Panel consist of all Councillors.

(Frost/Jones) 3

FOR: Councillors C Burgess, G Frost, N Furry, A Harker and J Jones

AGAINST: Councillors M McManus, M Reid and K Turner

Foreshadowed Motion

1. The performance review of the General Manager be undertaken in accordance with the Guidelines for the Appointment & Oversight of General Managers (July 2011).

2. A Councillor be nominated for the General Manager Performance Review Panel.

(McManus)

At 04:53 pm General Manager, Chris Berry left the Chambers.

5.2 Mayoral Minute: General Manager Performance Agreement

SUMMARY

To present for consideration a draft General Manager Performance Agreement for the period Oct 2019 to October 2020.

RESOLVED that this item of the Mayoral Minute: General Manager Performance Agreement be classified as confidential in accordance with s10A(2)(a) Local Government Act 1993 as the information is a personnel matter related to a particular individual.

(Turner/Harker) 4

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

At 04:54 pm Chris Berry returned to the Chambers.

6. Director of Planning Reports

6.1 Department of Education Planning Update

SUMMARY

Providing an update on the planning for a school at Murrumbateman and the Yass High Multi-Purpose Indoor Sports Centre.

RESOLVED that :

1. The Mayor write to the NSW Minister for Education to request a timeline for the completion of planning for a school at Murrumbateman and the design of the Yass High School Multi -Purpose Indoor Sports Centre, with a commitment to their construction within two years.

2. The Mayor write to the Member for Goulburn to request support to finalise the school planning, design and construction processes.

(Jones/Reid) 5

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

6.2 Development Consent No. DA155133E - Land & Environment Court Appeal, Truck Depot, 46 Carrington Road, Springrange

SUMMARY

A Class 1 appeal has been lodged in the NSW Land & Environment Court in relation to modification DA155133E which was determined by Council in March 2019. The appeal seeks a merit review of Council’s decision to refuse to grant approval to the removal of the condition which restricts the movement of heavy vehicle movements along Carrington Road during the school bus period. In the proceedings the Applicant is seeking an order for the condition to be removed by the Court.

Solicitors and an independent expert has been engaged on behalf of Council. This report presents consideration of the legal and independent expert advice, and seeks direction from Council on the proceedings.

RESOLVED that this item of the Acting Director Planning’s report be classified as CONFIDENTIAL in accordance with Section 10A(2)(g) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privilege from production in legal proceedings on the ground of legal professional privilege.

(Jones/Turner) 6

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

6.3 Development Application No DA190179 - Horse Arena Cover, McIntosh Circuit, Murrumbateman

SUMMARY

Presenting the assessment of Development Application No DA190179 for the erection of a horse arena cover at McIntosh Circuit, Murrumbateman. The proposal is referred to Council due to the scale of the development and refusal is recommended.

RESOLVED that Development Application No DA190179 for a horse arena cover at Lot 3 DP1257138, McIntosh Circuit, Murrumbateman be refused on the basis that the scale of the development is inconsistent with that of the locality and the R2 Low Density Residential zoning of the land.

(Jones/Turner) 7

FOR: Councillors C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Councillor A Harker

6.4 Development Application No. DA190192 - Home Industry, 4498 Gundaroo Road, Gundaroo

SUMMARY

Presenting the assessment of Development Application No DA190192 for a home industry (beer production only) and residential swimming pool at 4498 Gundaroo Road. The application is referred to Council due to the number of submissions received, however the proposal has been significantly amended in response to concerns in the submissions. Approval is recommended following receipt of a satisfactory waste water management report and the response from Transport for NSW.

RESOLVED that Conditional Development Consent be issued for a home industry (beer production only – no retail) and a swimming pool at 4498 Gundaroo Road, Gundaroo following receipt of a satisfactory waste water management report and the response from Transport for NSW.

(Frost/Turner) 8

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

6.5 Development Application No. DA190204 - Storage Shed, 32 Lute Street, Gundaroo

SUMMARY

Presenting the assessment of Development Application DA190204 for the erection of a storage shed at 32 Lute Street, Gundaroo. The proposal is referred to Council as the location of the storage shed is forward of the building line set by the dwelling house and therefore contrary to Council’s setback policy. Refusal is recommended.

RESOLVED that Development Application No DA190204 for a storage shed at 32 Lute Street, Gundaroo be approved.

(Burgess/Jones) 9

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Councillor M McManus

At 05:10 pm Councillor Harker left the Chambers.

6.6 2019/20 Community Grants

SUMMARY

Recommending grants to be made through Council’s Community Grants Program.

MOTION

1. The following grants be made under Council’s Community Grants Program for expenditure in 2020, subject to incorporation requirements being met:

Organisation	Grant amount	Purpose
Wee Jasper Community Association	$4,000	Sanding and sealing of the Wee Jasper Hall dance floor and kitchen floor
Murrumbateman Landcare Group	$3,200	An ecological survey of the Murrumbateman Bush Cemetery, installation of signs showing images of flora and fauna found in the cemetery and small scale re-seeding of specific areas of the cemetery with tube stock.
Yass Pony Club	$4,000	Purchase of 20 portable show-jump wings and flags and a jumps trailer.
Yass Railway Heritage Centre	$2,600	Construction of a replacement roof for a display locomotive.

2. Up to $4,000 of the 2019/20 Community Grants funding allocation be expended on grants application writing workshops for members of community organisations.

3. The Gundaroo Soldiers Memorial Hall Management Committee be invited to submit a budget specification for the proposed lighting and circulation upgrade project, for the 1st round of funding, for consideration at the March 2020 Council meeting.

4. A 2^nd round of the 2019/20 Community Grants funding be opened.

(Jones/Frost)

FOR: Councillors C Burgess, G Frost and J Jones

AGAINST: Councillors N Furry, M McManus, M Reid and K Turner

MOTION LOST

RESOLVED that :

1. The following grants be made under Council’s Community Grants Program for expenditure in 2020, subject to incorporation requirements being met:

*Organisation*	*Grant amount*	*Purpose*
*Wee Jasper Community Association*	*$4,000*	*Sanding and sealing of the Wee Jasper Hall dance floor and kitchen floor*
*Murrumbateman Landcare Group*	*$3,200*	An ecological survey of the Murrumbateman Bush Cemetery, installation of signs showing images of flora and fauna found in the cemetery and small scale re-seeding of specific areas of the cemetery with tube stock.
*Yass Pony Club*	*$4,000*	*Purchase of 20 portable show-jump wings and flags and a jumps trailer.*
*Yass Railway Heritage Centre*	*$2,600*	*Construction of a replacement roof for a display locomotive.*

2. Up to $4,000 of the 2019/20 Community Grants funding allocation be expended on grants application writing workshops for members of community organisations.

3. A 2^nd round of 2019/20 Community Grants funding be opened following the completion of the grants application writing workshops.

(Turner/McManus) 10

FOR: Councillors C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

At 05:37 pm Councillor Harker returned to the Chambers.

7. Director of Engineering Reports

7.1 Swimming Pools - Free Entry Trial

SUMMARY

In December 2019 Council determined to conduct a trial of the Yass and Binalong Pools to allow free entry on days here the expected temperature was 40^oC or above. This report presents the outcomes of this trial.

RESOLVED that :

1. The additional impact on 2019/20 operational cost associated with the operation of the Yass and Binalong pools as a result of the ‘free entry’ trial in December 2019 and January 2020 be noted.

2. The application of ‘free entry’ days to the Yass and Binalong pools be considered as part of the 2020/21 budget deliberations, subject to:

a. Free entry to Yass and Binalong pools be restricted to residents and ratepayers of Yass Valley Local Government Area except those days where wider natural disasters (such as bushfires) occur.

b. The number of ‘free entry’ days be restricted to a maximum of 10 per season, with no more than five in any given month.

c. No refunds or further rebates being provided to season ticket holders for any given ‘free entry’ days.

(Jones/McManus) 11

FOR: Councillors C Burgess, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Councillor G Frost

7.2 Road Reserve Weed Spraying Trial

SUMMARY

This report is to present a proposed road reserve priority weed spraying trial on selected roads within Yass Valley with the view to consider expanding this program as part of the 2020/21 budget considerations.

RESOLVED that :

1. $50,000 be allocated from the 2019/20 roads maintenance budget to undertake a limited targeted weed spraying trial along selected sealed roads.

2. Funding of $200,000 to undertake a program of maintenance works associated with the spraying of priority weeds along Council managed and maintained road reserves be considered in the 2020/21 Budget deliberations.

(Turner/McManus) 12

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

7.3 Draft Water Restrictions Policy

SUMMARY

In November 2019 Council determined to place a draft Water Restrictions Policy on public exhibition and adopted if no significant submissions were made. Three submissions have been received.

RESOLVED that the item be deferred to a Councillor Workshop to review the draft Water Supply Restriction Policy.

(Frost/McManus) 13

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8. Director of Finance & Corporate Reports

8.1 Draft Unreasonable Conduct by Customer Policy

SUMMARY

In November 2019, Council determined to place a draft Unreasonable Conduct by Customer Policy on public exhibition and adopt it if no significant submissions were made. One submission was received.

RESOLVED that CA-POL-05 Unreasonable Conduct by Customer Policy be adopted as exhibited.

(Burgess/Reid) 14

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.2 Investment and Borrowings Report

SUMMARY

In accordance with Clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as at 31 January 2020. In accordance with paragraph (1)(b), it can be certified that the investments listed have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

RESOLVED that Investment Report as at 31 January 2020 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulations and Council’s Investment Policy.

(Frost/Harker) 15

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.3 Rate Arrears

SUMMARY

To update Council on rate arrears to the end of the second quarter of the 2019/20 financial year.

Rate arrears totalled $1,289,675.96 as at 30 June 2019 and this has now been reduced to $540,578.36 as of 31 December 2019. This represents an improvement of $749,097.60 or 58.08%.

RESOLVED that the report on rate arrears be noted.

(Turner/Reid) 16

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.4 Six Monthly Reporting on the 2017/18- 2020/21 Delivery Program and 2019/2020 Operational Plan

SUMMARY

In line with the Integrated Planning and Reporting Framework, Council is required to prepare every six months, a report on progress against the actions and activities identified in its Delivery Program and Operational Plan. This report contains the status of actions and activities undertaken for the period 1 July 2019 to 31 December 2020. This report will be placed on Council’s website.

RESOLVED that the six monthly Progress Report for the 2017/18 – 2020/21 Delivery Program and 2019/20 Operational Plan for period 1 July 2020 to 31 December 2020 be noted.

(Turner/Jones) 17

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.5 2nd Quarter Budget Review 2019/20

SUMMARY

This report represents the 2nd Quarterly Budget Review Statement (QBRS) for the period 1 October 2019 to 31 December 2019 in the financial year ending 30 June 2020.

RESOLVED that :

1. The 2^nd Quarterly Budget Review Statement adjustments as detailed in the attachments be adopted and the relevant income and expenditure budget adjustments be approved.

2. In accordance with Clause 203 (2)(a) Local Government (General) Regulation, Council’s financial position as at 31 December 2019 is satisfactory, having regard to revised projected estimates of income and expenditure, and the original budgeted income and expenditure.

(Burgess/Reid) 18

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

9. General Manager Reports

9.1 Independent Ombudsman

SUMMARY

Presenting a report seeking clarification on the terms of reference for the engagement of an Independent Ombudsman service to review several unresolved complaints.

RESOLVED that :

1. It be noted the Independent Ombudsman Service was identified as a process to enable the Smiths to air what they considered to be their outstanding complaints to a third party and at arm’s length from Council and staff.

2. It be noted the Council decision in August 2019 was to engage an independent ombudsman service to review the complaints raised by the Smiths in respect of matters not relating to the Liberty Theatre referred to (but not detailed) in the Probity Report (noting that not every matter will be suitable for review due to the age of the underlying incidents, or because relevant staff are no longer employed by Council, or where the prospect of remedy is unavailable or unlikely in all the circumstances).

3. It be noted that the decision in August 2019 was not an open ended decision for an independent service for every past, existing and future complaint by the Smiths.

4. The engagement of Centium to undertake the independent ombudsman service be endorsed subject to any interview with the Smiths being conducted by their staff who have not been exposed to the background information provided by Council staff.

5. If the above arrangements are not suitable to the Smiths then:

· The Independent Ombudsman Service be abandoned, and

· The Smiths be advised that if they continue to be dissatisfied with the responses received from Council on any of their concerns they should refer to matters to the appropriate oversight organisation for Local Government (eg NSW Ombudsman, ICAC, Office of Local Government).

(Jones/Frost) 19

FOR: Councillors C Burgess, G Frost, N Furry, J Jones, and K Turner

AGAINST: Councillors A Harker, McManus and M Reid

9.2 Infrastructure Planning Priorities

SUMMARY

To present the initial infrastructure priorities discussed at recent Councillor Workshops for endorsement.

RESOLVED that :

1. The following infrastructure priorities be endorsed:

· Council Administration Complex, library and commercial space

· Yass War Memorial Swimming Pool redevelopments

· Murrumbateman Community Hall

· Amenities at the Yass Pool/Skate Park, Murrumbateman and Yass CBDs

· New Companion Animals Facility

· Parks and playgrounds upgrades

· Bike park, Adventure Playground and Yass River activation

· Memorial Hall

· Murrumbateman Dog Park

2. $250,000 from the Property Reserve be considered as part of the 2020/21 Operational Plan and budget process for the preparation of plans for the Council Administration Complex, Yass Swimming Pool upgrade and Murrumbateman Community Hall.

3. Toilet amenities at the Yass Swimming Pool/Skate park and Murrumbateman and a new dog park at Murrumbateman be considered as part of the 2020/21 Capital Works Program.

4. Strategic planning work be undertaken in 2020/21 for leisure infrastructure across whole of Yass Valley including an adventure playground, bike park, parks and playground facilities.

5. Investigations be undertaken in 2020/21 into the use of Crown Land in Murrumbateman and near the Yass Dam for parklands.

6. A further report be presented to a future Council meeting reviewing the operational and strategic needs of Council land.

(Jones/Frost) 20

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

9.3 Organisational Realignment

SUMMARY

Presenting a proposed realignment of the organisational structure to reflect recent Council decisions.

RESOLVED that :

1. A three divisional structure headed by three Directors continue.

2. The revised organisational structure be endorsed with the Library and Economic Development and Tourism being moved into the Corporate & Community Directorate.

3. All Directors continue to be classified as ‘Senior Staff’ positons and employed on performance based contracts on the minimum remuneration package as specified under s332 Local Government Act 1993.

4. The positon of Director Finance and Corporate Services be renamed Director Corporate & Community.

5. The position of Director Engineering be renamed Director Infrastructure & Assets.

6. The position of Director Planning be renamed Director Planning & Environment.

(Harker/Reid) 21

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

9.4 Petition - Proposed Distillery, Wee Jasper

SUMMARY

Tabling a petition lodged requesting Council to review the Development Application for a proposed distillery so that the iconic views and access to Wee Jasper General Store, the fuel forecourt and parking arrangements be preserved.

RESOLVED that the tabled petition on the Development Application for a proposed distillery in Wee Jasper be noted.

(Frost/Turner) 22

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

10. Notice of Motion

Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Local Emergency Management Committee and Rescue Committee meetings

RESOLVED that the minutes of the Local Emergency Management Committee and Rescue Committee meetings held on 4 February 2020 be noted.

(Reid/Frost) 23

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

12.2 Minutes of the Traffic Committee Meeting held on 5 February 2020

RESOLVED that the minutes of the Traffic Committee meeting held on 5 February 2020 be noted and the following recommendation be endorsed:

Item 7.2 Request for Additional Parking Signs from the Yass office of NSW Fire and Rescue

That the request from the Yass office of NSW Fires and Rescue to install an additional parking restriction sign (Meehan Street) to improve access to their facility be approved.

Jones/Harker) 24

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

13. Confidential Matters

RESOLVED that pursuant to Section 10A of the Local Government Act, 1993 the following items on the agenda be classified as CONFIDENTIAL and considered in the Closed Meeting of Council in accordance with Section 10A(2) of the Local Government Act for the reasons as specified:

13.1 Development Consent No DA155133E - Land and Environment Court Appeal - Truck Depot - 46 Carrington Road, Springrange

Item 13.1 is confidential in accordance with section s10(A)(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

13.2 Mayoral Minute: General Manager Performance Agreement

Item 13.2 is confidential in accordance with section s10(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than councillors) and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

(McManus/Jones) 25

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

At 7.01 pm Councillor Harker left the Meeting.

Closed Council commenced at 7.01 pm.

13.1 Development Consent No DA155133E - Land and Environment Court Appeal - Truck Depot - 46 Carrington Road, Springrange

SUMMARY

A Class 1 appeal has been lodged in the Land & Environment Court in relation to modification DA155133E which was determined by Council in March 2019. The appeal seeks a merit review of Council’s decision to refuse to grant approval to the removal of the condition which restricts the movement of heavy vehicle movements along Carrington Road during the school bus period. In the proceedings the Applicant is seeking an order for the condition to be removed by the Court.

It is recommended that Council provide delegation to planning staff to participate in a Conciliation Conference and negotiate a reduced restriction period, but if the Applicant does not accept, that the matter should proceed to a Hearing in order to settle it conclusively.

RESOLVED that:

1. Staff be delegated authority to participate in the Conciliation Conference in relation to appeal DA155133E and negotiate per the following approach:

· Firstly seek to retain the current condition in its present form

· If there is no movement from the Applicant, a reduced restriction duration for morning and afternoon be put forward

2. If an outcome is not negotiated at the Conciliation Conference the matter proceeds to Hearing.

Jones/Frost) 26

FOR: Councillors C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

At 7.23 pm Councillor Reid left the meeting.

13.2 Mayoral Minute: General Manager Performance Agreement

SUMMARY

Presenting for consideration a draft General Manager Performance Agreement for the period Oct 2019 to October 2020.

RESOLVED that the General Manager Performance Agreement be endorsed for the period October 2019 to October 2020.

(Turner/Frost) 27

FOR: Councillors C Burgess, G Frost, N Furry, J Jones, M McManus and K Turner

AGAINST: Nil

RESOLVED that the meeting move into Open Council.

(Burgess/McManus) 28

FOR: Councillors C Burgess, G Frost, N Furry, J Jones, M McManus and K Turner

AGAINST: Nil

Open Council resumed at 7.24 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(McManus/Burgess) 29

FOR: Councillors C Burgess, G Frost, N Furry, J Jones, M McManus and K Turner

AGAINST: Nil

The meeting closed at 7.25 pm.

Nathan Furry
Deputy Mayor

Ordinary Council Meeting 25 March 2020

6.1 'Woodside' Draft Planning Proposal Advice

SUMMARY

The landowners of ‘Woodside’ 3489 Barton Highway, Murrumbateman have put forward a draft Planning Proposal for preliminary advice over part of the subject site. The way in which this site is developed has significant bearing on the next stage of development in Murrumbateman, including linkages with Council’s own land holding at ‘Hawthorn’.

RECOMMENDATION

That the landowners of ‘Woodside’ 3489 Barton Highway, Murrumbateman be advised that rezoning request for part of the property will not be supported.

Financial IMPLICATIONS

Nil

POlicy & Legislation

· Biodiversity Conservation Act 2016

· Environmental Protection & Biodiversity Conservation Act 1999

· Yass Valley LEP 2013

· Yass Valley Settlement Strategy

· South East and Tablelands Regional Plan

REPORT

1. Introduction

The subject site is 41 ha in area to the immediate north of Fairley Estate, Murrumbateman. The eastern boundary abuts the Barton Highway, while the north and west boundaries abut ‘Hawthorn’ (Council owned property). The streets within Fairley Estate have been designed to connect into and anticipating development of the subject site.

This land was identified in the Town & Villages Study 2010 as a Future Investigation Area to the immediate north to consolidate the existing ‘village’ area. Growth in this direction assumes a cessation of the vineyard activity on the subject site to remove the potential for land use conflict. Provision for the retention of the slab cottage ‘Woodside’ and its’ adaptive re-use was also considered.

The Murrumbateman Structure Plan 2014 later identified this land for small lot residential and retail/commercial use or tourist accommodation. This was due in part to its topography, abuttal to Barton Highway and ability to integrate with the existing village. A road extension was suggested to link Hillview Drive to Merryville Drive extending along the northern boundary of the site.

The subject site was again identified in the Yass Valley Settlement Strategy for potential rezoning from RU1 Primary Production to R1 General Residential. A minimum lot size of 1,000m² was recommended, which took into account the need for consolidation of development in Murrumbateman, connection to reticulated water and sewer while being large enough to retain the open character.

A reticulated sewerage scheme for Murrumbateman was completed in 2016. Construction of the pipeline to transfer water from Yass to Murrumbateman is underway, with the project expected to be completed by the second half of 2020. In anticipation, landowners have begun to undertake the required site assessments to facilitate rezoning, particularly for this land, given its location and previous identification in Council’s strategic studies.

2. Biodiversity Assessment

A Biodiversity Development Assessment Report (BDAR) has been prepared by Capital Ecology for the Woodside property.

The ecological assessment initially covered the whole Woodside property. The surveys conducted by Capital Ecology included:

· A biodiversity assessment between 18 October 2018 and 6 December 2018

· A remnant tree survey on 18 October 2018

· Five threatened flora and threatened bird surveys between 18 October 2018 and 6 December 2018

· Four Golden Sun Moth surveys between 30 October 2018 and 6 December 2018

· A threatened bat survey on 3 November 2018 and 5 November 2018

The ecological assessment confirmed that the site has been substantially modified. Although there is Box-Gum Woodland, the assessment determined that none of the vegetation zones which occur within the property meet the listing criteria under the Biodiversity Conservation Act 2016 or Commonwealth Environmental Protection & Biodiversity Conservation Act 1999 listed Threatened Ecological Communities. In addition, no threatened flora species were recorded on the subject site.

With regard to fauna species, Golden Sun Moth were recorded across the Woodside property, except within the vineyard area. The past grazing management practices implemented by the landowner have allowed native grass cover to re-establish and therefore creating habitat for Golden Sun Moth.

The landowners have been advised by Office of Environment & Heritage that they may be able to develop part of the Golden Sun Moth habitat, provided the required offset area can be secured. Development of all the Golden Sun Moth habitat on the subject site would not be supported, as this would trigger the Significant and Irreversible Impact threshold under the Biodiversity Conservation Act 2016. The ecological assessment also identified potential habitat to support the Striped Legless Lizard on the subject site. Targeted surveys for Striped Legless Lizard have not been undertaken to date.

No threatened ecological communities or threatened species were identified within the 7.5ha vineyard. The landowner has advised that further surveys are proposed to be undertaken for the presence of threatened species and based on the outcomes, a decision will be made in relation to the remainder of the subject site.

3. Draft proposal

Based on the outcomes of the ecological assessments summarised above, the landowner has sought advice whether Council would consider the rezoning of only part of the subject site, limited to the area containing the vineyard prior to making a formal application. The whole of the site has been identified within Council’s strategic planning work for Murrumbateman, and impacts on the connection and integration with Council’s landholding to the north.

The draft proposes amending the zone from RU1 Primary Production to R1 General Residential over the 7.5ha vineyard only. The landowner has requested that consideration be given to a smaller minimum lot size of 600 – 700m², in part to offset the reduced development potential which would realise a yield of approximately 90 to 70 lots respectively. While 600-700 m² lot sizes were considered as part of the supply and demand modelling undertaken to inform the Murrumbateman Structure Plan, it is much smaller than the recommended 1,000m² for Murrumbateman within the Yass Valley Settlement Strategy.

The balance of the land outside the vineyard is proposed to remain zoned RU1 Primary Production for the foreseeable future, unless further targeted Golden Sun Moth and Striped Legless Lizard surveys can revise the area able to be considered for rezoning. Until that time, it is the intention of the landowner to retain ownership of the balance of the site.

Subject site: Area shaded red proposed to be zoned R1 General Residential

4. Strategic assessment

The presence of Golden Sun Moth Habitat over this site is problematic, not only for the landowner but also ensuring connectivity between landholdings within Murrumbateman.

Due to the area and strategic location of the land to the north, it was initially proposed to seek Strategic Biodiversity Certification once these ecological surveys had been completed. This would have allowed the ecological values to be assessed holistically, with offsets and credits considered over the broader area.

The survey of Hawthorn identified a total area of 14.16ha habitat for Golden Sun Moth and the area is nowhere near the proportion which has been identified on the subject site. This means that the areas of habitat on ‘Hawthorn’ would be avoided if possible, as opposed to being developed, which would remove the requirement for an offset area to be secured (and purchased). Areas of potential reptile habitat were found on ‘Hawthorn’ including Striped Legless Lizard, however the site surveys confirmed that there were none present.

This means that including the subject site within any overall Strategic Biodiversity Certification is unlikely to enable a greater area to be developed on the subject site and there is no apparent benefit to include this land.

If Council was of a mind to consider the request for a partial rezoning of the subject site, it raises issues in terms of integration with the ‘Hawthorn’ site, especially through road connections. It also has the potential to create serious future land use conflict, as the balance of the site would remain rural and be able to be used for uses permitted within the RU1 Primary Production zone, while being adjacent to and surrounded by land zoned for residential purposes.

The landowner has been advised that the zoning and management of the balance of the land needs to be considered as part of this proposal, and planning staff have attempted to find an alternative use for the site with State agencies. Suggestions have been made to consider a stewardship agreement or environmental zoning, or to explore adaptive commercial use of the heritage listed slab building adjacent to the Barton Highway, but to date these alternatives have not been explored.

5. Conclusion

It is unlikely that the Biodiversity Conservation Act 2016 will be reviewed in the short term, and the most likely improvement will be through an additional Striped Legless Lizard survey to increase the developable area.

Consideration of only part of the site which is the easiest and quickest to develop will result in a very poor planning outcome for Murrumbateman. It is recommended that the landowners be advised that a partial rezoning is not supported, and a holistic solution to the site needs to be put forward together following any additional surveys that may be required.

Land investigations on ‘Hawthorn’ will contineu with the view to negotiating effective connections and circulation pathways, as well as ecological linkages.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN4 - Maintain a balance between growth, development and environmental protection through sensible planning

Delivery Program Action EN4.1 - Ensure Council's statutory planning instruments are up to date and reflective of the community needs

Operational Plan Activity EN4.1.1 – Undertake ongoing strategic land use planning and reviews of existing instruments

ATTACHMENTS: Nil

6.2 Filling on Rural Properties

Attachment a Draft Filling on Rural Properties Policy

Policy:

Filling on Rural Properties

XX-POL-XX

Division Development Assessment

Responsible Officer: Manager Development Control

1. INTRODUCTION

The issue of ‘clean fill’ material being transported to rural properties in the Yass Valley has been ongoing. Changes to state-wide regulations have now come into effect which generally limit filling without Development Consent on rural land to 100m³. A broader issue has emerged with operators and landowners seeking to find alternative projects which maximise the amount of material that can be imported, including gully rehabilitation projects and the overdesign of internal access roads. However, the use of this material can also facilitate good planning and environmental outcomes in certain instances.

2. POLICY OBJECTIVE

The objective of the policy is to provide guidance around when Council will support Development Applications involving the importation of clean fill material, including for gully rehabilitation and internal access roads. The policy shall also outline the minimum information required for assessment of Development Applications and the standard conditions of Development Consent that may be imposed.

3. POLICY SCOPE

The policy applies to all Development Applications in the Yass Valley involving the importation of material, however, does not extend to quarry remediation or the importation of ‘waste’ material.

4. POLICY PROVISIONS

4.1. Exempt Development

State Environmental Planning Policy (Exempt and Complying Codes) 2008 prescribes filling and earthworks that can be undertaken without Development Consent, subject to compliance with the development standards and any approval requirements under other legislation.

4.2. Guiding Principles

Erosion Gully Rehabilitation

The following guiding principles shall be taken into consideration when determining Development Applications for new or upgrade of internal access roads:

· Erosion is an adverse environmental process and potentially impacts on both the natural and built environment, such as waterways and farm infrastructure. The availability of clean fill material may represent an appropriate reuse for improved environmental outcomes. However, the filling of erosion gullies does not always represent the most appropriate or effective option for rehabilitation.

· Professional advice in relation to the design of control works is important to consider the available options for erosion gully rehabilitation and its effectiveness.

· The erosion gully rehabilitation plan should consider factors that include land capability, systems management (i.e. ongoing land management), the location of infrastructure, and temporary sediment and erosion control measures during the project.

· Positive environmental outcomes from the rehabilitation of erosion gullies must be considered alongside any adverse impacts on the amenity of neighbouring properties.

Internal Access Roads

The following guiding principles shall be taken into consideration when determining Development Applications for new or upgrade of internal access roads:

· Internal access roads for rural properties should be at a standard that reasonably provides safe, practical and physical access, having regard to the lawful use of the land, as well as site specific constraints (such as topography, native vegetation and bushfire hazard).

· Proposals for internal access road should provide clear detail of purpose, including for the infrastructure, activity or development that they are servicing.

· The design standard for internal access roads should generally be no greater than the following:

(a) a maximum pavement width of 4.5 metres;

(b) maximum height of 300mm above existing ground levels;

A greater design standard may be supported where it is demonstrated as being necessary in association with the lawful use of the land.

· Internal access roads should generally follow the ‘lay of the land’ with significant filling to alter ground levels considered to be unacceptable.

Development Applications for the internal access driveways will be referred to Council’s Engineering Division for consideration. Proposal which are considered by Council’s Engineering Division to represent an overdesign (i.e. beyond the standard identified above or not reasonably ‘fit for purpose’) will not be supported.

4.3. Minimum Information to Accompany Development Application

The minimum information to accompany a Development Application for erosion gully rehabilitation and construction of internal access roads is included as Appendix A to this policy.

4.4. Assessment of Development Applications, Consideration of Impacts and Neighbour Notification

The assessment of Development Applications and consideration of impacts for proposal involving the importation of material will be undertaken in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

Neighbour notification will be undertaken, where required, in accordance with Council’s Community Engagement Strategy.

4.5. Standard Conditions of Development Consent

Standard conditions of Development Consent will include requirements for:

· A limitation on the maximum volume of material that can be imported.

· Appropriate temporary sediment and erosion controls to be installed and maintained during the project.

· Reporting and record keeping, including details of heavy vehicle movements, material source, and project progression.

· Evidence of material classification.

· Hours of project operation and maximum number of daily heavy vehicle movements.

· Completion of project certification.

Additional conditions of Development Consent may be required depending on the particular circumstances and characteristics of a proposal.

4.6. Other Approvals

In addition to requiring Development Consent from Council, some proposals may require approval from other bodies or government agencies.

This may include, for example, a controlled activity permit for works in a watercourse under the Water Management Act 2000 issued by the Natural Resources Access Regulator.

4.7. Heavy Haulage Contributions

Proposal involving the importation of material may be subject to heavy haulage monetary contributions for road maintenance. Where required, any heavy haulage contribution will be levied in accordance with Council’s relevant contribution plan.

5. REVIEW

The review of this policy will incorporate relevant legislation, documentation released from relevant state agencies and best practice guidelines.

This policy will be reviewed every two years from the adoption date.

6. LEGISLATIVE AND LEGAL FRAMEWORK

This policy is to be read in conjunction with the following:

· Environmental Planning and Assessment Act 1979

· Environmental Planning and Assessment Regulation 2000

· Protection of the Environment Operations Act 1997

· Water Management Act 2000

· State Environmental Planning Policy (Exempt and Complying Codes) 2008

7. DEFINITIONS

Excavated natural material (ENM) is as defined in the Protection of the Environment Operations (Waste) Regulation 2014 – Excavated Natural Material Resource Recovery Exemption 2014:

“naturally occurring rock and soil (including but not limited to materials such as sandstone, shale, clay and soil) that has:

(a) been excavated from the ground, and

(b) contains at least 98% (by weight) natural material, and

Excavated natural material does not include material located in a hotspot; that has been processed; or that contains asbestos, Acid Sulfate Soils (ASS), Potential Acid Sulfate soils (PASS) or sulfidic ores.”

Internal access road means a private road or driveway providing access within or through a property, but does not include a public road.

Virgin excavated natural material (VENM) is as defined in the Protection of the Environment Operations Act 1997:

“natural material (such as clay, gravel, sand, soil or rock fines):

· that has been excavated or quarried from areas that are not contaminated with manufactured chemicals or process residues, as a result of industrial, commercial, mining or agricultural activities, and

· that does not contain any sulfidic ores or soils or any other waste.”

8. RESPONSIBILITIES

Development assessment staff are required to take into account the provisions of this policy in relation to any Development Applications involving the importation of material for erosion gully rehabilitation and internal access road construction.

9. HISTORY

EMT Review Date	Report to Council	Minute No.	Exhibition Period	Adoption	Rescission Date

Appendix A – Information to Accompany a Development Application

Erosion Gully Rehabilitation

The minimum information to accompany a Development Application for erosion gully rehabilitation is as follows:

· Statement of Environmental Effects.

· A plan of the site, clearly identifying the areas of work.

· A Site and Soil Erosion Control Plan (or similar) prepared by a suitably experienced soil consultant. This must include an outline the purpose of the project, other options for rehabilitation, and a step-by-step project plan for the completion.

· A clear statement on the volume of material required, including an outline of how this has been calculated. This may require a land survey of the site to site or gully to be undertaken.

· A clear statement on the duration of the project and an estimate on the number of heavy vehicle movements.

· A clear statement on whether the proposal triggers entry into the Biodiversity Offset Scheme under the Biodiversity Conservation Act 2016.

Additional information may be required depending on the particular circumstances and characteristics of a proposal.

Internal Access Roads

The minimum information to accompany a Development Application for erosion gully rehabilitation is as follows:

· Statement of Environmental Effects (SEE)

· A plan of the site, clearly identifying the areas of work.

· An erosion control plan and a step-by-step project plan for the completion.

· An indicative engineering detail (i.e. cross section) showing the pavement width and depth. For some proposals full engineering design drawings, which include survey levels, may be required.

· A clear statement on the volume of material required, including an outline of how this has been calculated.

· A clear statement outlining the need to the internal access road construction or upgrade, including the details of any infrastructure or development that it is proposed to service.

· A clear statement on the duration of the project and an estimate on the number of heavy vehicle movements.

· A clear statement on whether the proposal triggers entry into the Biodiversity Offset Scheme under the Biodiversity Conservation Act 2016.

Additional information may be required depending on the particular circumstances and characteristics of a proposal.

Ordinary Council Meeting 25 March 2020

6.4 Development Application No. DA200011 - Building Envelope Amendment, 26 Jiparu Drive, Murrumbateman

,SUMMARY

To present the assessment of Development Application DA200011 for the proposed amendment to the building envelope at 26 Jiparu Drive, Murrumbateman. The application is referred to Council due to the number of submissions received. Approval is recommended subject to a reduction in the size of the building envelope.

RECOMMENDATION

That Conditional Development Consent be issued for an amendment to the building envelope of Lot 83 DP 270586, 26 Jiparu Drive, Murrumbateman upon receipt of a plan which makes the following changes to the building envelope amendment:

· Area of extended building envelope to be reduced to more accurately reflect the size necessary for the approved shed and excluding the trees.

· Reduction in the size of the existing building envelope so that the overall percentage of the lot occupied by the building envelope remains equal to existing.

FINANCIAL IMPLICATIONS

Resources for development assessment are provided for in the current Operational Plan.

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning & Assessment Regulation 2000

· Conveyancing Act 1919

· Community Management Act 1989

· Yass Valley Local Environmental Plan 2013

· Building Line – Rural and Rural Residential Land Policy

REPORT

1. Application Details

Date Received	-	22 January 2020
Land	-	26 Jiparu Drive, Murrumbateman
Area	-	1.3ha
Zoning	-	R5 Large Lot Residential

2. Site Description and Locality

The site is located in the Jiparu rural residential area, south of Murrumbateman. The area is characterised by single detached houses.

The site contains a dwelling which is constructed towards the north east corner of the prescribed building envelope and a swimming pool to the west of the dwelling. A maturing stand of eucalyptus encroaches on the southern boundary of the existing building envelope behind the dwelling, with some older eucalyptus to the east of the building envelope. There is an approved shed for the site (outside the building envelope) which has not yet been constructed.

A Locality Plan is included as Attachment A.

3. Proposal

The submitted proposal seeks to increase the size of the building envelope to incorporate the proposed shed for the site. A copy of the plan and supporting request, as well as the approved shed plans, are included in Attachment B.

4. Background

In March 2019 Development Consent DA180151 was granted for a storage shed outside the building envelope and with a 5m setback to the side boundary. A by-law in the Community Management Statement for this subdivision requires buildings to be located within the designated building envelope.

The Yass Valley Local Environmental Plan 2013 allows title restrictions to be ‘set aside’ where they have not been required or imposed by Council.

A submission was received in relation to this application on behalf of the Jiparu Community Association Executive Committee indicating that they did not support the erection of the shed outside the building envelope. While a title restriction can be set aside under the planning controls a landowner still has a separate obligation to comply with any by-laws which could be enforced in a civil manner (e.g. by the Jiparu Community Association). The Applicant was advised of the by-law and that acting on it without the approval of the Jiparu Community Association would be at their risk. It was also recommended that the Applicant obtain independent legal advice on the matter.

The building envelope on the title can be amended via a Development Application. The Applicant has indicated legal advice has been obtained in relation to amending the building envelope which indicates approval by the Community Association is not required.

4. Public Exhibition

Public exhibition included notice to seven nearby and adjoining property owners, as well as the Jiparu Community Association. Five submissions have been received (refer Attachment C), all objecting or raising concerns in relation to the proposal. The key issues raised in the submissions are:

· The legal basis for the amendment

· The impact on the character of the subdivision

· The size and location of the building envelope

· Public interest and precedent

The Applicant has provided a response to the submissions which is included as Attachment D. The Applicant’s response also included an email of support from the landowner whose property adjoins the side of the building envelope extension and the shed.

5. Assessment

An assessment has been completed in accordance with the planning legislation. The proposal generally complies with the relevant planning controls, polices and guidelines, inherently with the exception of the existing building envelope which is proposed to be amended by this application. The following is a response to the planning issues identified in the submissions and assessment.

5.1 Legal Basis for Amendment

The Applicant has indicated that they received extensive legal advice in relation to the proposed building envelope amendment prior to lodging the Development Application. The legal advice has not been provided but has been summarised in the Applicant’s supporting letter, i.e.:

· The building envelope in the 88B instrument states that Yass Valley Council is the only authority that can release, vary or modify the building envelope

· The Community Management Statement for DP 270586 does not define the building envelope, just stating that buildings must be located within it. In this regard, the Community Management Statement does not need to be amended

The title restriction and Community Management Statement have been reviewed and it is generally agreed that the building envelope could be amended if Council granted Development Consent without requiring the approval of the Jiparu Community Association. However, the operation of the Community Management Act 1989 raises the broader question of whether it is appropriate to do so.

5.2 Impact on Character of Subdivision

The decision to support the proposed storage shed outside the designated building envelope was made on the basis that:

· The proposed shed does not have any significant impact on the rural character of the subdivision

· There is still significant separation to development on adjoining lots and the location complies with the minimum requirements of Council’s setback policy

· The location minimises the need for tree removal

· The shed of reasonable scale, consistent with the size on other properties in the locality

The submissions indicate that relative to the size of the lot, the subject land enjoys a generous building envelope as a percentage of lot area. In response, the Applicant has noted that adjoining lots already have setbacks of 10m from their lot and that there are other instances within the subdivision which have only a total of 20m separating building envelopes on adjoining lots. Furthermore, the Applicant outlines that many of the lots within the recently released stage of Jiparu have only 10m setbacks to side boundaries. The size of the building envelope is discussed further in the following section.

5.3 Size and Location of Building Envelope

The revised building envelope increases the setback to the eastern property boundary and is equal to the required setback for a dwelling. This better reflects Council’s setback policy and the building setbacks of other lots within the subdivision.

The proposed increase in the building envelope size is generous and extends beyond the immediate area to be occupied by the proposed shed. There are several mature eucalyptus trees which would be located in the building envelope at the north-west corner.

It is understood that the Applicant’s primary objective is to facilitate the erection of the approved storage shed with a 10m setback. In this instance it is recommended that the building envelope be reduced to better reflect the proposed building footprint (refer Attachment E). This is considered more appropriate for the following reasons:

· More accurately reflects the physical development that has been considered as acceptable in the previous Development Application/Development Consent for the shed

· Excludes the mature eucalyptus trees. Building envelopes are usually designed to avoid mature trees and including them inside it is not considered to be appropriate. If the area included the trees, further environmental assessment may be required under the Biodiversity Conservation Act 2016

· A smaller increase in the building envelope helps ensure the separation between buildings on each lot, highlighted as a concern in the submissions received

· There is a reduction in the size of the existing building envelope so that the overall percentage of the lot occupied by the building envelope remains equal

5.4 Public Interest and Precedent

Concern has been raised that approving this proposal the operation of the Community Management Act 1989 (i.e. the role of the by-laws and role of the Jiparu Community Association) is being unduly affected. Furthermore, concern has also been raised that the granting of the approval is creating an undesirable precedent and may lead to other similar proposals for modifying building envelopes within this subdivision and elsewhere.

Modifying building envelopes should be carefully considered and supported only where there is planning basis to do so.

The inclusion of a requirement in the LEP to vary a title restriction is to ensure that private requirements do not conflict with the achievement of wider community planning objectives expressed in the planning controls.

In this instance the planning and environmental impact of the proposal is not considered to be significant and the revised building envelope increases the side boundary setback of the shed.

Other individual applications would need to be considered on their own merit in accordance with the requirements of the planning legislation and their particular circumstances. The current application does not create an undesirable precedent.

Any decision under the planning controls is a separate matter to any decision making responsibilities of the Community Association.

6. Conclusion

From an assessment of the proposal and consideration of the issues raised in all the submissions it is recommended that Condition Development Consent be issued subject to a reduction in the size of the building envelope. Draft Consent conditions are included as Attachment F.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN1 - Protect and enhance the existing natural environment, including flora and fauna native to the region

Delivery Program Action EN1.1 - Protect our natural assets in line with community values

Operational Plan Activity EN1.1.1 – Ensure assessment of development applications protects our natural environment

ATTACHMENTS: a. Locality Plan ⇩

b. Supporting Documents and Approved Shed Plans ⇩

c. Submissions ⇩

d. Applicant's Response to Submissions ⇩

e. Suggested Changes to Building Envelope ⇩

f. Draft Conditions ⇩

Ordinary Council Meeting 25 March 2020

6.5 Development Application No. DA190211 - Importation of Material and Internal Access Roads - 33 Hillview Drive

SUMMARY

To present the assessment of Development Application No. DA190211 for the importation of 65,000m³ of material at ‘Hillview’, 33 Hillview Drive, Murrumbateman. The proposal is referred to Council as it attracted nine submissions. Refusal is recommended as the proposal is insufficiently clear in detail to enable a full assessment and the volume has not been demonstrated as necessary.

RECOMMENDATION

That:

1. Development Application DA190211 for the importation of 65,000m³ of material at 33 Hillview Drive, Murrumbateman be refused on the following basis:

· The Development Application does not provide sufficiently clear detail of the development proposed to enable a complete assessment under the provisions of the Environmental Planning & Assessment Act 1979.

· The volume of 65,000m³ has not be demonstrated as necessary.

· Supporting a Development Application for the importation and stockpile of material for unknown future development of internal access roads and building pads inappropriately circumvents due planning process

2. The Applicant be invited to lodge another Development Application(s) at such time as they have clear details of where material is required and how it will be used, including the final location of internal access roads, building pads and building plans, and the like.

FINANCIAL IMPLICATIONS

Resources for development assessment are provided for in the current Operational Plan.

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning & Assessment Regulation 2000

· Biodiversity Conservation Act 2016

· Protection of the Environment Operations Act 1997

· Protection of the Environment Operation (Waste) Regulation 2014

· Water Management Act 2000

· State Environmental Planning Policy (Infrastructure) 2007

· Yass Valley Local Environmental Plan 2013

· Resource Recovery Exemption – Excavated Natural Material Exemption 2014

· Resource Recovery Order – Excavated Natural Material Order 2014

· Yass Valley Heavy Haulage Section 94 Contributions Plan 2006

· Yass Valley Community Engagement Strategy

· Application Assessment and Decision Making Policy

REPORT

1. Application Details

Date Received	-	3 December 2019
Land	-	33 Hillview Drive, Murrumbateman
Area	-	Approximately 1,900ha
Zoning	-	RU1 Primary Production

2. Site Description and Locality

The development site is a significant property of approximately 1,900ha north of the Murrumbateman Village. The property contains land to the north and south of Hillview Drive, as well as west of the Barton Highway. Due to the size of the property there is considerable separate to sensitive receivers, with notable nearby development including the veterinary surgery and dwelling houses on Hillview Drive towards the Barton Highway intersection.

The property is used for agricultural purposes, containing farm buildings and infrastructure as well as manager’s residences. The portion north of Hillview Drive is serviced by three primary property access points.

A Locality Plan is included as Attachment A.

3. Proposal

The submitted proposal (refer Attachment B) seeks approval for the importation of 65,000m³ of virgin excavated natural material (VENM) or excavated natural material (ENM) for the purposes of internal access road construction and upgrade, as well as stockpiling for other future additional internal access roads, building pads and other infrastructure.

The Application outlines approximately 19kms of internal roads will be constructed or upgraded to a 4.5m width at a depth of 400mm, equating to the use of 35,000m³ of material. The submitted information however advises that the location of internal access roads in the accompanying plans are indicative only and subject to change. Furthermore, the additional 30,000m³ of material is proposed to be stockpiled only for a future use which is specified in any detail. The purposes of the internal access road construction and upgrade and stockpiling of material is outlined as being necessary to return the Hillview property into a high production farm.

Ultimately it is understood that the proposal is seeking approval to import the material, with final details of where it will be used (i.e. which internal access roads requires upgrade or where new roads are required, or other uses) all to be determined at a later date.

4. Public Exhibition

Public exhibition included notice to 16 nearby and adjoining property owners and 10 submissions were received (refer Attachment C). Nine submissions raised either objections or points of concerns, whilst one submission was unrelated to the Development Application. The key planning issues raised in the submissions include:

· Volume of material and purpose

· Material quality and contamination potential

· Road impacts and heavy haulage contributions

· Access Safety and Hillview Drive/Barton Highway intersection

· Water usage

· Biodiversity

· Watercourse crossings

· Consideration of Aboriginal cultural heritage

The Applicant has undertaken their own consultation (refer Attachment D). The Applicant also advised that they were happy to discuss concerns or issues raised with those persons who made submissions.

Following consideration of the issues raised in the submissions, additional information was requested in relation to the quantity of fill material needed and details of the location of the works and stockpiles. The response and the additional information are included in Attachment E.

5. Referrals

The application was referred to Transport for NSW (TfNSW) as the proposal involves a large number of heavy vehicles utilising the Barton Highway/Hillview Drive intersection, as well as works within land identified on the ‘Barton Highway Duplication Corridor’ map.

TfNSW have requested a number of conditions, including for a Transport Management Plan to be prepared, including for managing heavy vehicle movements, adverse weather conditions, avoiding school bus times, and record keeping. These conditions are consistent with previous responses from TfNSW for applications involving heavy haulage onto a classified road.

The internal access roads do not limit the opportunity for the duplication in the future.

The conditions of TfNSW can be included in any approval that may be issued.

6. Assessment

An assessment has been completed in accordance with the planning legislation.

The three key issues raised in submissions relate to:

· Contamination potential of the material

· The volume and purpose of the fill material

· Heavy vehicle impacts on the road network and safety

These issues are not unfamiliar with Council.

A draft planning policy has been prepared (refer separate report) to assist with setting standards on the importation of fill material.

The Applicant has noted that if the soil comes from the Canberra Airport then it must be tested in accordance with Commonwealth Department of Agriculture, Water & Environment requirements. However it is also necessary for the material quality to meet the requirements of NSW legislation. The Applicant will therefore need to have appropriate documentation to confirm the classification of the material is VENM or ENM for NSW legislation should the proposal be approved. Evidence of this classification would need to be submitted prior to it being imported to the site, including evidence of clearance for per- and ply-fluroalkyl substances.

The submitted application proposes to import 65,000m³ of material, however only 35,000m³ of this is to be used for internal access road construction. The following further information was requested:

· Clarification on how the volume of material had been determined, including where the balance of additional material beyond internal access road construction/upgrade was proposed to be utilised

· A revised site plan clarifying the proposed stockpile locations and which internal access roads are new and which are proposed to be upgrades.

The response to the additional information request stated that the requested amount is to allow for flexibility and growth of development within the site, including for further internal access roads and building bases. A revised site plan was not submitted with the response received by the Applicant noting that the plans submitted for internal access roads are an indication only and still subject to change.

Without this information it is not possible to undertake a complete assessment in accordance with the planning legislation, including the potential impacts. Accordingly it is recommended that the application in its current form be refused and the Applicant invited to reapply with clearer details on:

· The location of where the material is required and how it will be used (including the internal access road locations)

· The amount of material to better match to intended use

7. Conclusion

From an assessment of the proposal including the issues raised in the submissions and the additional information submitted by the Applicant, it has been concluded that:

· Whist the construction and or upgrade of internal access roads associated with primary production land use is generally considered to be a reasonable development, in this instance the Development Application does not provide sufficiently clear detail of the development that is proposed, instead referring to a proposal which is subject to change and for other future uses. This does not allow a complete assessment to be undertaken of the proposed development under the provisions of the Environmental Planning & Assessment Act 1979.

· The volume of 65,000m³ has not be demonstrated as necessary.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN1 - Protect and enhance the existing natural environment, including flora and fauna native to the region

Delivery Program Action EN1.1 - Protect our natural assets in line with community values

Operational Plan Activity EN1.1.1 – Ensure assessment of development applications protects our natural environment

ATTACHMENTS: a. Locality Plan ⇩

b. Supporting Documentation ⇩

c. Applicant's Community Consultation ⇩

d. Submissions ⇩

e. Applicant's Additional Information and Response to Submissions ⇩

Ordinary Council Meeting 25 March 2020

6.6 Development Application No. DA190213 - Distillery, 6494 Wee Jasper Road, Wee Jasper

SUMMARY

To present the assessment of Development Application DA190213 for a distillery and retail cellar door at 6494 Wee Jasper Road, Wee Jasper. The application is referred to Council due to the number of submissions received. The Applicant has made a number of revisions to the proposal in response to the submissions. Approval is recommended.

RECOMMENDATION

That Conditional Development Consent be issued for a distillery and retail cellar door at 6494 Wee Jasper Road, Wee Jasper following receipt of a satisfactory waste water management report

FINANCIAL IMPLICATIONS

Resources for development assessment are provided for in the current Operational Plan.

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning & Assessment Regulation 2000

· Local Government Act 1993

· Roads Act 1993

· State Environmental Planning Policy (Infrastructure) 2007

· Yass Valley Local Environmental Plan 2013

· Yass Valley Community Engagement Strategy

· Yass Valley Development Contribution Plan 2018

· Application Assessment and Decision Making Policy

REPORT

1. Application Details

Date Received	-	2 December 2020
Land	-	6494 Wee Jasper Road, Wee Jasper
Area	-	3,233m²
Zoning	-	RU5 Village

2. Site Description and Locality

The site is located within the village of Wee Jasper. The subject land is on the southern side of Wee Jasper Road, adjoining the Wee Jasper General Store. The area can be characterised as village, however land uses are primarily residential as there are currently no business which are permanently operating.

The site is generally flat, with a slight slope from the road. Access is provided from a service road that is parallel to Wee Jasper Road. The service road intersects with Wee Jasper Road to the east and west of the subject site.

A Locality Plan and Site Photographs are included as Attachments A and B.

3. Proposal

The submitted proposal involves the construction of a distillery and “cellar door”.

The buildings are proposed to be steel framed with Colorbond and timber wall cladding with a rural-shed form. Ancillary works include the construction of a car park, installation of an onsite sewage management facility and rain water tanks.

A copy of the submitted plans and Statement of Environmental Effects are included as Attachment C.

4. Public Exhibition

Public exhibition included notice to seven nearby and adjoining landowners. The exhibition was extended to account for the Christmas /New Year period

The total submissions received (refer Attachment D) include:

· A 47 signature petition in objection/raising issues of concerns

· 7 submissions directly received in objection/raising issues of concerns

· 5 submissions directly received in support, including from Wee Jasper Community Association

· 18 additional submissions received via the Applicant

At the time public exhibition closed the number of submissions received was less than the threshold for a Planning Forum. The additional submissions were received after this date and after the decision to not hold a forum was made.

The key issues raised in the submissions include:

· Impact on the Wee Jasper General Store infrastructure, including access to the fuel court and a water supply line

· Site design and impact on WJGS – i.e. view loss and view sharing

· Heritage Impact

· Onsite sewage and waste water management arrangements

· Economic and community impact – both positive and negative

The Applicant’s written response to the submissions and additional information request is included in Attachment E.

5. Referrals – Transport for NSW (TfNSW)

The application was referred to Transport for NSW (TfNSW) as Wee Jasper Road is a classified road.

TfNSW recommends the inclusion of a condition in any approval that may issue requiring the service road (which provides access to the proposed distillery site and the General Store) be changed to one way only.

As this affects both the General Store and the proposed distillery this is more appropriately dealt with separately to the development assessment process (e.g. via the Traffic Committee).

6. Assessment

An assessment has been completed in accordance with the planning legislation. The proposal generally complies with the relevant planning controls, polices and guidelines. The following is a response to the planning issues identified in the submissions and assessment.

6.1 Wee Jasper General Store Infrastructure

Concern has been raised in relation the impact of the proposed development on the practical operation of the General Store, particularly the access to the fuel court and water supply.

The submission suggests that the redevelopment of the General Store was approved on the basis the adjoining lot (i.e. the proposed distillery lot) was held in common ownership. The suggestion is that the redevelopment of the General Store was considered and approved across both lots. The approval for the General Store redevelopment has been reviewed and there is no evidence to support this claim.

Both the General Store and the proposed distillery site are on separate titles. Although they were previously held in single ownership nothing prevented them from being sold independently.

Whilst the General Store may have informally operated historically across the adjoining land there is no evidence to support that the lots needed to be held in the same ownership.

6.2 Fuel Court Access

The current location of the fuel tanks and pumps results in access to the fuel court being across the north-west corner of the proposed distillery lot. Concern has been raised that the proposed distillery will restrict practical physical access to the fuel pumps and remove the possibly for fuel being offered in the future if the General Store was to reopen.

The location of the fuel tanks and pumps that was considered and approved as part of the redevelopment of the General Store is inconclusive. Unfortunately this is an historic problem where practical physical access relies on the use of this part of the proposed distillery lot.

Historic issues relating to legal and physical access or encroachment arise from time to time and usually are addressed as part of a new development.

The fuel court access can be addressed by a condition in any approval that may issue requiring that access to the fuel court not being restricted. This could be achieved by:

· Creation of easement (right of way) over this part of the distillery lot in favour of the General Store

· Boundary adjustment between the distillery lot and the General Store lot

· Dedication of the access area to the fuel court as road reserve

It is considered that the issue associated with access to the fuel court can to be addressed as part of the proposed distillery. A flexible Consent condition can provide an appropriate mechanism, with any specific requirements being a matter for direct negotiation between the landowners.

6.1.1 Waterline

The General Store owner indicates there is currently a water line which crosses the proposed distillery lot, drawing water from the river and servicing the toilets. A site inspection confirmed the presence of this water line, being a modern black poly pipe.

It is understood that the General Store has historically drawn water from the river, however there were no details of this supply in relation to the General Store redevelopment. Furthermore, as the General Store lot does not enjoy direct frontage to the river, it is unknown whether a legal right exists or water licence is in place for access to this water. The General Store does not enjoy the benefit of an easement over the proposed distillery lot along the water line, nor over the adjoining land further to the east owned by Council.

The proposed distillery will be located across this water line and therefore its removal or relocation is likely to be necessary as part of the development. In this instance it is not considered that the water line is a matter that the Applicant’s responsibility to address as part of their development for the following reasons:

· The infrastructure is not substantial in nature, being a poly pipe only (whereas the access to the fuel court is more significant infrastructure

· There is no evidence of this water line being considered in the redevelopment of the General Store

· Reasonable alternative arrangements for water supply to the toilets can be made

As such, the General Store owner will need to pursue alternative arrangements for the provisions of water supply additional to the tanks they already have on site, or negotiate a formal legal easement.

6.2 Site Layout and View Loss/View Sharing

Following consideration of the concerns raised in the submissions, it was suggested that the Applicant consider the following design changes in order to allow increased separation from the General Store and the increased opportunity for view sharing:

· Moving the distillery building closer to the western property boundary and rotating it 90 degrees

· Moving the cellar door building further south slightly in order to increase sight lines from the WJGS generally towards the river, bridge and valley

· Increasing the setback distance between the cellar door building and the boundary of the WJGS

· An alternative location for the cellar door building could be towards the eastern boundary (i.e. generally reversing the location of the cellar door building and the car parking)

The Applicant has amended their proposal (refer Attachment F) in response to the issues raised. The proposal is now considered to represent an appropriate development of the land, with buildings appropriately designed and sited for balancing their development objectives and reasonably minimising the impacts on the General Store. The site layout complies with all necessary planning controls.

The loss of view and outlook from the General Store has been raised. The Applicant has taken amended their layout to reduce this impact on the General Store however there still remains some level of impact.

The Land & Environment Court have a ‘planning principle’ which can be used in the assessment of view impacts when provided for in an LEP. Unfortunately under the Yass Valley LEP 2013 there are no such protections for views in this instance. Nevertheless an assessment against the Land & Environment Court planning principle indicates that the amended building layout maintains a view corridor to the Goodradigbee Bridge and Coodrvale Homestead although existing vegetation partially obstructs these views.

The amendments to the building layout and design made by the Applicant have an impact from the side boundary of the General Store but the more iconic views toward the Goodradigbee Bridge and Coodrvale Homestead are retained in part.

Noting the design changes made by the Applicant and compliance with planning controls, the proposal is considered to be reasonable and an appropriate degree of view sharing provided. In this regard, it is not considered that view loss from the General Store represents a significant impact or warrants refusal of the proposal.

6.3 Proximity of Outdoor Fire Pit to Fuel Pumps/Tanks

The proposed outdoor fire pit is in close proximity to the fuel pumps and tanks at the General Store site. No risk assessment has been provided to demonstrate that the separation meets the appropriate requirements to mitigate the potential impacts. It is recommended that a condition be include in any approval that may issue for details to be provided demonstrating the proximity of the fire pit to the fuel tanks and pumps comply with all the necessary legislation, standards and safety guidelines.

6.4 Onsite Sewage and Waste Water Management

Concern has been raised in relation to the onsite sewage and waste water management. A site and soil assessment by an appropriately qualified and experienced consultant had been submitted, however a review indicated a number of concerns in relation to missing or unclear information. A revised site and soil assessment has been requested, as well as details of the proposed system and an updated site plan.

While an updated site and soil assessment has not yet been provided Council’s staff have indicated that, based on the previous report and the discussions with the Applicant and their consultant, it is highly likely that an acceptable solution for onsite sewage and waste water management can be achieved.

6.5 Heritage Impact

Concerns have been raised with the potential for adverse impacts on heritage values of the locality and the adjoining General Store. The submissions suggests that the views towards the Coodravale Homestead from the General Store are of historical significance due to the fact the original owner of the General Store used to ride with Banjo Patterson, the former owner of Coodravale.

It is important to note that the General Store is not a Heritage Item nor in a Heritage Conservation Area. The General Store was redeveloped in the late 1990s-early 2000s.

Council’s Heritage Advisor has indicated that from an architectural and planning perspective there were issues with the relationship between the existing General Store and the proposed distillery and cellar door buildings, however these are not heritage impacts.

Whilst potential historical connection between the General Store and the Coodravale Homestead is noted, the proposed development does not have an adverse heritage impact in this regard.

6.6 Economic and Community Impact

Both positive and negative economic and community impacts has been. The positive comments are primarily in relation to the distillery reinvigorating the Wee Jasper village given the absence of other businesses operating and the economic benefit this would bring (including tourism). Conversely, concerns are primarily in relation to the proposed distillery having an adverse impact on the General Store reducing the opportunity for it to be reopened when there is a desire for it to be reopened and fuel and other essentially conveniences provided.

The impacts on the General Store have been discussed and are not considered to have a significant adverse impact on the General Store. The products and services being offered are not directly competing with the General Store. Whilst the General Store may enjoy the benefits of a liquor licence, the proposed distillery will have a limited offering based on their production.

The proposed distillery is considered to have economic benefit for Wee Jasper and supports the vitality of the village. Tourists and visitors to the distillery may seek the products and services of the General Store whilst they are there, including fuel, other food offerings and conveniences.

7. Conclusion

The Applicant has amended the proposal in response to the issues raised. The proposed development of the distillery is not considered to have a significant impact on the Wee Jasper General Store and the fuel court access issue can be addressed through conditions of approval that may issue.

From an assessment of the proposal and the consideration of the issues raised in submissions it is recommended that Conditional Development Consent be issued subject to all outstanding issues relating to onsite sewage and waste water management being resolved in a satisfactory manner. Draft conditions are included as Attachment G.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN1 - Protect and enhance the existing natural environment, including flora and fauna native to the region

Delivery Program Action EN1.1 - Protect our natural assets in line with community values

Operational Plan Activity EN1.1.1 – Ensure assessment of development applications protects our natural environment

ATTACHMENTS: a. Locality Plan ⇩

b. Site Photographs ⇩

c. Submitted Plans and Statement of Environmental Effects ⇩

d. Submissions ⇩

e. Applicant's Response ⇩

f. Site Layout Versions ⇩

g. Draft Conditions ⇩

6.6 Development Application No. DA190213 - Distillery, 6494 Wee Jasper Road, Wee Jasper

Attachment g Draft Conditions

DA190213 – Draft Conditions – 6494 Wee Jasper Road

PART A - GENERAL CONDITIONS

(1) with the Development Application. The plans and details have been stamped and attached to this consent. The development must be carried out in accordance with the stamped plans or as modified by these conditions.

(2) Work on any building shall not commence until a Construction Certificate, complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has been issued.

Note: A Construction Certificate Application has not been lodged with Council.

(3) This approval relates only to the development referred to in the development application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval.

(4) This Development Consent does not include approval for the outdoor fire pit unless it has been demonstrated to Council’s satisfaction that the location of the fire pit in relation to the nearby fuel tanks and fuel pumps complies with all necessary legislation, Australian Standards, and safety guidelines.

(5) All engineering design and construction work shall be undertaken in accordance with the following, current at the time of the Engineering Construction Certificate being issued:

· Council's Road Standards Policy RD-POL-09

· Council’s Design and Construction Specification – AUS-SPEC #1

· Australian Standards and

· AustRoads

(6) The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times to the satisfaction of Council as shall any techniques to suppress dust and the tracking of sediment onto existing sealed roads.

(7) All adjustments to existing utility services whether caused directly or indirectly by this proposed development are to be undertaken at the developer’s expense.

(8) The approved development shall not at any time be occupied, inhabited or used for residential living without the separate development consent of Council;

(9) The colours and external materials used are to be compatible with those of existing development in the locality.

Note: Zincalume is not permitted to be used for roof or wall panels.

(10) The Development Consent does not grant approval for any fencing.

Note: Common boundary fencing is subject to the provisions of the Dividing Fences Act 1991.

(11) The development must be operated in strict accordance with all requirements of the NSW Office of Liquor, Gaming & Racing, and any other conditions of a liquor license issued under the Liquor Act 2007;

(12) The maximum approved hours of operation under this Development Consent are:

Monday- Sunday: 9.00am to 10.00pm

(13) The maximum number of patrons at the premises shall be limited to 100 under this Development Consent unless otherwise approved in writing by Council;

(14) The LA10* noise level emitted from the premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz–8kHz inclusive) by more than 5dB between 9.00am and 10.00pm at the boundary of any affected residence. The LA10* noise level emitted from the premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz–8kHz inclusive) between 10.00pm and 9.00am at the boundary of any affected residence.

Notwithstanding compliance with the above, the noise shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

*For the purpose of this condition, the LA10 can be taken as the average maximum deflection of the noise emission from the premises. This is a minimum standard.

(15) Any Archaeology object discovered during excavation having interest due to its age or association with the past is uncovered during the course of the work:

(a) all work must stop immediately in that area, and

(b) the Office of Environment and Heritage must be advised of the discovery.

Note: Depending on the significance of the object uncovered, an archaeological assessment and excavation permit under the Heritage Act 1997 may be required before further the work can continue.

(16) If any Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work:

(a) all excavation or disturbance of the area must stop immediately in that area, and

(b) the Office of Environment and Heritage must be advised of the discovery in accordance with section 89A of the National Parks and Wildlife Act 1974.

Note: If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.

PART B - PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

(1) A copy of a quote or invoice of the total cost of labour and materials involved in the proposed development prepared by a suitably qualified builder of quantity surveyor shall be submitted to Council.

If the total cost of works exceeds the amount in the Development Application further fees may be applicable and will need to be paid prior to issuing a Construction Certificate.

(2) In accordance with section 7.12 Environmental Planning and Assessment Act 1979 and the Yass Valley Development Contributions Plan 2018, a monetary contribution must be paid to Council if the proposed cost of carrying out the development exceeds $100,000.

The contribution rate is determined in accordance with the table below:

Proposed cost of carrying out the development	Contribution Rate
Up to and including $100,000	Nil
More than $100,000 and up to and including $200,000	0.5% of that cost
More than $200,000	1% of that cost

(3) Fully dimensioned and detailed construction drawings shall be submitted to the Principal Certifier prior to the issue of a Construction Certificate. Drawings shall include a window and door schedule.

(4) Structural drawings prepared by a suitably qualified and experienced Structural Engineer shall be submitted to and approved by the Principal Certifier prior to the issue of a Construction Certificate.

Unless otherwise approved by the Principal Certifier, the plans shall detail:

(a) All reinforced concrete floor slabs and/or beams or raft slab (having due regard to the possible differential settlement of the cut and fill areas where applicable);

(b) Footings of the proposed structure;

(c) Structural steel wall frames, roof framing members, beams, columns, bearers, joists and wall/roof bracing (as applicable to the development).

(d) Roof framing members.

(e) Hold-down/connection details.

(f) Wall and roof bracing details.

The consulting engineer shall also assess the structural sufficiency of the existing footings and brickwork ensuring they are suitable to support the imposed loads of the proposed development. Acknowledgement that this has been carried out shall be included in the documentation submitted to the Principal Certifier.

(5) A landscaping plan shall be submitted to Council for approval with the application for a construction certificate. The plan shall indicate all existing trees, specifying those trees to be retained and those proposed to be removed. It shall specify details of proposed planting, including common and botanical names and height and spread at maturity.

The plan shall also include:

a) The location of driveways, parking and storage areas and the type of material to be used for sealing these areas;

b) Details of earthworks including mounding and retaining walls;

c) Details of planting procedure and maintenance;

d) Preference for locally occurring native species.

All landscaping is to be carried out in accordance with the plan and maintained in accordance with the plan at all times. In this respect, a satisfactory final will not be granted until the landscaping is complete.

(6) Retaining walls or other approved methods of preventing movement of the soil must be provided if the soil conditions require it and adequate provisions made for drainage. Where retaining walls that are located closer than 900mm to a property boundary or exceed 600mm metre in height, Engineers details must be submitted to and approved by the Principal Certifier.

(7) Plans specifications and specialist reports demonstrating compliance with the National Construction Code (NCC) /Building Code of Australia (BCA) are to be submitted to and approved by the Principal Certifying Authority (PCA) prior to the issue of a Construction Certificate.

Where an application for a Construction Certificate is lodged with Council plans, product and general construction specifications submitted shall demonstrate compliance with the Deemed to satisfy provisions of the NCC/BCA.

Significant parts of Volume 1 of the NCC/BCA which must be addressed include (but are not limited to):

Part D - Access and Egress and Access for People with a Disability

Door widths, travel distances, ramps, handrails, door operation etc. Path of travel from the property boundary to the principal entry

Part E - Services and Equipment

Plan indicating location of required essential services, Hydraulic plans where required

Part F2 - Sanitary Facilities including Disabled and ambulant facilities

Details of handrails, toilet location, toilet height, etc. demonstrating AS 1428.1 compliance

The current plans do not show ambulant toilet facilities.

Part J - Energy Efficiency

A report showing compliance with all parts of this section is to be provided with the application for a Construction Certificate.

General Compliance

A building specification which outlines the construction standard of each element of the building (i.e. Glazing to comply with AS 1288 – 2006 – Glass in Buildings – Selection and Installation, Masonry to comply with AS 3700-2001 Masonry Structures etc.)

(8) Engineering drawings for the provision of access to the site shall be submitted to Council’s Engineering Department for approval in accordance with:

· Council’s Roads Standards Policy RD-POL-09 and

· Council’s Design and Construction Specification – AUS-SPEC #1.

All accesses (entry and exit) shall be appropriately designed to suit the expected vehicles that will or expected use the site

(9) Engineering drawings associated with the construction car parking areas shall be submitted to the Principal Certifying Authority.

The design details shall indicate compliance with the following:

(a) Council’s Off-Street Car Parking Policy ENG-POL-08

(b) AS 2890 – Off-Street Car Parking. Car parking and vehicular manoeuvring areas for the development being designed in accordance with AS 2890 Off-Street Car Parking.

(c) The drawings shall include all dimensions, line marking/delineation and signs for the function centre car parking area plus details of provision of parking for disabled persons

(d) The car parking area for the development is to be designed to allow all vehicles to enter and exit the subject site in a forward direction.

(e) The drawings shall provide details of any proposed carpark lighting and the potential impact on surrounding premises.

(10) Engineering drawings associated with the provision of access to the fuel court on the adjoining Lot 1 DP 105764 shall be submitted to Council’s Engineering Department for approval. The engineering drawings shall demonstrate that access to the fuel court is retained for the largest vehicle that will or is expected to access the fuel court.

(11) A detailed plan is to be submitted to and approved of by Council’s Environmental Health Officers indicating compliance with AS 4674-2004 and Safe Food Australia Food Safety Standard 3.2.3 and also in conjunction with the Food Act 2003 & Food Regulation 2015. The plan/s shall include but not limited to details of:

· Solid wall construction;

· Wall, floor and ceiling finishes (note: no architraves or skirting boards);

· Location of all sinks and hand basins, including details of hand basin operation (to be ‘hands free’ using knee pad, wand or sensor/type)

· Details of wall/floor coving;

· Proposed Equipment/fittings layout/materials and installation construction (note: 150mm legs, castors and plinths may be used)

· Location and provision of a cleaners sink with hot and cold water.

· Details of compliance with Mechanical Ventilation AS 1668.2012 in regard to exhaust systems.

Note: A meeting can be arranged with Council’s Environmental Health Officers to discuss plans and or Construction details.

PART C - PRIOR TO COMMENCEMENT OF WORKS

(1) Council shall be informed of the name and details of the Principal Certifier and the date construction work is proposed to commence, no later than two days prior to such commencement;

(2) Any contractor undertaking works in a Council road reserve shall be recognised by Council as an “Approved Contractor” for such works.

The contractor shall also submit the following details to Council not less than three days prior to works commencing:

(a) A current public liability certificate with a minimum cover of $20 million;

(b) Current Plant / vehicle insurances;

Note: Any work associated with a classified road requires Transport for NSW (tfNSW) South West concurrence and no work within the road reserve is to be undertaken until received. TfNSW concurrence may take 10 working days.

(3) A waste management plan for the work must be submitted to the principal certifier at least 2 days before work commences on the site. The waste management plan must:

(a) Identify all waste (including excavation, demolition and construction waste materials) that will be generated by the work on the site, and

(b) Identify the quantity of waste material in tonnes and cubic metres to be—

(i) Reused on-site, and

(ii) Recycled on-site and off-site, and

(iii) Disposed of off-site, and

(c) If waste materials are to be reused or recycled on-site—specify how the waste material will be reused or recycled on-site, and

(d) If waste materials are to be disposed of or recycled off-site—specify the contractor who will be transporting the materials and the waste facility or recycling outlet to which the materials will be taken.

(4) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.

(5) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

(6) Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on the surrounding land by:

(a) diverting uncontaminated run-off around cleared or disturbed areas, and

(b) erecting a silt fence and providing any other necessary sediment control measures that will prevent debris escaping into drainage systems, waterways or adjoining properties, and

(d) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.

(7) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifier for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

This sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed

(8) A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:

(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or

(b) could cause damage to adjoining lands by falling objects, or

Note: Clauses 2.67 and 2.68 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specify which scaffolding, hoardings and temporary construction site fences are exempt development and state the applicable standards for that development.

(9) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site. Each toilet provided must be:

(a) be a standard flushing toilet connected to a public sewer, or

(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or

(10) The building(s) shall be set out by a registered surveyor to verify the correct position of each structure in relation to the property boundaries prior to the commencement of works.

Evidence that the building(s) were set-out and have been located in accordance with the approved plans shall be submitted to the Principal Certifier or Council upon request.

(11) Each Plumber and Drainer that works on the development must notify the Yass Valley Council of their intention to carry out works as outlined in the Plumbing and Drainage Act 2011. Such notification is to come in the form of the standard Notice of Work (NoW) form prepared by the Office of Fair Trading.

Note: The minimum amount of notice under this Act is two business days.

PART D – INSPECTIONS

(1) Critical stage inspections as required by Clause 162A of the Environmental Planning and Assessment Regulation 2000 must be carried out by the Principal Certifier.

Where Council is nominated as the Principal Certifier, inspections will be required at the following stages of construction:

Class 5, 6, 7, 8 or 9b building

Inspection	Hold Point
(a) After excavation of the first footing	Prior to pouring concrete, after placement of erosion and sediment control measures, on-site toilet and signage.
(b) Stormwater	prior to covering any stormwater drainage connections
(c) Final	After the building work has been completed and all conditions of development consent are complied with and prior to any occupation certificate being issued in relation to the building

(2) As the local plumbing and drainage regulator Yass Valley Council must undertake inspections at the following stages of construction:

Inspection

Hold Point

(a) All internal sanitary drainage.

Prior to backfill;

(b) All external sanitary drainage

Prior to backfill;

(d) Subsurface land application area and/or surface drip line.

Prior to backfill or covering.

(e) Inspection prior to use of the system.

At point of commissioning of the system.

(f) At the completion of all plumbing and drainage works.

Prior to the occupation of the dwelling.

(3) A Compliance Certificate shall be obtained from Council’s Engineering Department at the following stages of construction:

Roads

(a) Completion of property access. This inspection is for access dimensions and to ensure there are no ‘trip-fall’ hazards.

(4) Upon inspection of each stage of construction, the Principal Certifier (or other suitably qualified person on behalf of the Principal Certifier subject to the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:

(a) Sediment control measures.

(b) Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

PART E – CONSTRUCTION

(1) Works must be carried out in accordance with the plans and specifications to which this consent relates.

(2) All building work shall be carried out in accordance with the provisions of the National Construction Code/Building Code of Australia (as amended) and all relevant Australian Standards;

(3) Hours for construction - Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

(4) If any part of the work is the erection of a new building, or an alteration or addition to an existing building, that is located less than 3m from the lot boundary, a survey certificate must be given to the principal certifier:

(a) Before any form work below the ground floor slab is completed, or

(b) If there is no such form work, before the concrete is poured for the ground floor slab.

Note: The survey certificate must be prepared by a registered land surveyor and show the location of the work relative to the boundaries of the site.

(5) All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

(6) Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.

Note: Copies of receipts relating to the disposal of waste at a licensed waste management facility (or facilities) must be submitted to the Yass Valley Council upon request.

(7) Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.

(8) During construction:

(a) all vehicles entering or leaving the site must have their loads covered, and

(b) all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads.

(9) At the completion of the works, the work site must be left clear of waste and debris.

PART F – PLUMBING AND DRAINAGE

(1) All Plumbing and Drainage work shall comply with the provisions of the Plumbing Code of Australia.

(2) Plumbing and Drainage shall comply with the provisions of the Plumbing and Drainage Act 2011 and Plumbing and Drainage Regulation 2012.

Note: The Plumbing and Drainage Act 2011 requires each Plumber and Drainer that works on the development to submit the following information to the Yass Valley Council:

· Notice of Work (NoW);

· Sewer Service Diagram (SSD);

· Certificate of Compliance (CoC).

PART G – STORMWATER DRAINAGE

(1) If the work is the erection of, or an alteration or addition to, a building, the roof stormwater drainage system must be installed and connected to the drainage system before the roof is installed.

(2) Stormwater drainage work shall comply with AS/NZS 3500.3, 2003 - Stormwater drainage;

(3) Stormwater collected from the development shall not cause nuisance to adjoining landowners;

(3) Where up-stream surface water flows through the allotment the development shall not redirect or divert this water in such a manner that would intensify flows onto adjoining properties.

(4) Adequate provision shall be made for the disposal of roof water collected from the development. In this regard roof water shall be piped and discharged to one of the following as applicable:

(a) The street stormwater drainage system;

(b) Inter-allotment stormwater drainage system;

(c) A rubble pit designed by a suitably qualified person to cater for a 1 in 5 year rainfall event. The pit design shall make suitable provision for overflow.

PART H – ONSITE SEWAGE MANAGEMENT FACILITY

<<Conditions to be inserted upon submission of satisfactory revised onsite waste water management report>>

PART I – ADVERTISING SIGANGE

(1) Details of any proposed advertising signage that is not 'exempt development' for the purposes of State Environmental Planning Policy (Exempt and Complying Codes) 2008 shall be submitted to and approved in writing by Yass Valley Council prior to its erection;

(2) Any signage shall be designed and located so as to comply with the following;

(a) The sign display shall not include:

· Any flashing lights,

· Electronically changeable messages,

· Animated display, moving parts or simulated movements.

· Complex display that holds motorist’s attention beyond “glance appreciation”,

· Display resembling traffic signs or signals, or giving instruction to traffic by using words such as ‘halt’ or ‘stop’;

(b) The method and intensity of any illumination of the sign shall not be directed or transmitted in such concentration or intensity to cause distraction or glare to motorists.

(c) The permissible level of reflectance of an advertisement is not to exceed the ‘Minimum coefficients of Luminous intensity per unit area for Class 2A’, as set out in Australian Standard AS/NZS 1906.1:2007;

(d) Any proposed sign and support structure shall be located wholly within the confines of the property boundaries and not protrude over any adjoining road reserve.

(e) Any proposed sign and support structure to be located within close proximity to a road reserve is required, as a minimum, to comply with the wind loading requirements as specified in AS1170.1 Structural design actions – Permanent, imposed and other actions and AS1170.2 Structural design actions – wind actions.

(f) Any proposed sign and support structure shall not obstruct any road regulatory, safety or directional signage in the vicinity,

(g) Any proposed sign and support structure shall not pose any risk to the safety of pedestrians or motorists.

PART J - PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

(1) Prior to the issue of any Occupation Certificate, An application for an occupation certificate must be lodged with the Principal Certifier.

(2) Prior to the issue of any occupation certificate, all applicable Clauses under Section 6.10 of the Environmental Planning and Assessment Act 1979 shall be complied with.

(3) An occupation certificate authorising a person:

(a) to commence occupation or use of a partially completed new building, or

(b) to commence a new use of a part of an existing building,

must not be issued unless the building will not constitute a hazard to the health or safety of the occupants of the building.

(4) Product testing demonstrating compliance with the requirements of specification C1.10 of the National Construction Code / Building Code of Australia Volume 1 for all relevant floor coverings shall be submitted to the Principal Certifying Authority prior to the issue of an occupation certificate;

(5) The fire safety measures, as detailed in the relevant Fire Safety Schedule are to be installed and maintained in accordance with the provisions of Clause 168 Environmental Planning and Assessment Regulation 2000.

(6) A fire safety certificate in accordance with Clause 174 Environmental Planning and Assessment Regulation 2000 is to be submitted to the Yass Valley Council prior to the issue of an Occupation Certificate.

(7) Prior to the issue of any occupation certificate, certificates of compliance/installation for contractor’s works as applicable to the development shall be submitted to the Principal Certifying Authority.

Where Council is nominated as the Principal Certifier, the certificates listed below will be required as applicable to the development:

· Plumbing/drainage

· Stormwater

· Gas fitting

· Electrical

· Photovoltaic electricity generating system

· Frame (Timber or Metal)

· Waterproofing

· Glazing (windows, glazed doors and shower screens)

· Air-conditioning

· Termite Protection Systems

· Solid Fuel Heater

· Smoke Alarms

· Insulation

· Installation or maintenance of refrigeration systems

· Structural Adequacy

As applicable to the works, a copy of the tradespersons license number, qualifications, professional memberships, insurances, name, address and the Australian Standards or standards to which the certificate relates is to be included on the Certificate.

It is important to note that this list may not cover all developments and Council may request additional certificates prior to the issue of an occupation certificate.

(8) If the work includes a mechanical ventilation system that is a regulated system within the meaning of the Public Health Act 2010, the system must be notified as required by the Public Health Regulation 2012, before an occupation certificate for the work is issued.

(9) If the work relates to a food business within the meaning of the Food Act 2003, the food business must be notified as required by that Act, or licensed as required by the Food Regulation 2010, before an occupation certificate for the work is issued.

(10) The kitchen is to be constructed in accordance with the plans approved with the Building Construction Certificate and any relevant conditions in the approved Liquid Trade Waste Agreement.

(11) The kitchen is to be inspected and approved in writing by one of Yass Valley Councils Environmental Health Officers.

(12) An appropriate water supply management plan, in compliance with NSW Health requirements and the Public Health Act 2010 and Regulation 2012 is to be provided prior to the issue of any occupation certificate;

(13) If the proposed development cannot be connected to a potable water supply then the applicant must demonstrate that the drinking water supplied to the premises will consistently meet the Australian Drinking Water Guidelines 2011 and any subsequent amendments to the Guidelines;

(14) Prior to the issue of any occupation certificate, the developer shall restore, replace or reconstruct any damage caused to road pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the construction of the development.

(15) Prior to the issue of any occupation certificate, any alteration to, or the relocation of, utility services on, or adjacent to, the lot on which the work is carried out, the work is not complete until all such works are carried out.

(16) Prior to the issue of any occupation certificate, A commissioning/installation certificate verifying that the installed Onsite Sewage Management System for effluent disposal, has been installed in accordance with the manufacturer’s specifications and the relevant approved On-Site Effluent Disposal report.

(17) An identification survey prepared by a registered surveyor showing the location of the constructed development in relation to the property boundaries, easements and building envelope(s) shall be submitted to the Principal Certifier prior to the issue of an occupation certificate.

(18) The carpark is to be constructed per the approved Construction Certificate.

(19) The property access is to be constructed per the approved Construction Certificate.

(20) The Applicant shall submit evidence to the Principal Certifying Authority that the provision of access to the fuel court on the adjoining Lot 1 DP 105764 has been resolved by one of the following:

· Evidence of a boundary adjustment has been undertaken and registered with the NSW Land and Registry Service (LRS) between Lot 1 DP 255410 and Lot 1 DP 105764; or

· Evidence that an easement has been created and registered with NSW Land and Registry Service (LRS) over Lot 1 DP 255410 in favour of Lot 1 DP 105764; or

· Evidence that the land identified as providing access to the fuel court on Lot 1 DP 105764 has been dedicated as road reserve under the Roads Act 1993; or

· Any other alternate option to achieve this outcome to the satisfaction of Yass Valley Council has been completed.

The area associated as access to the fuel court for the purposes of this condition must be in accordance with the engineering design drawings submitted and approved with the Construction Certificate.

NOTES ACCOMPANYING DEVELOPMENT CONSENT DA190213

(Please read these notes carefully to ensure you are fully conversant with the conditions under which this consent is granted.)

Please read these notes carefully to ensure you are fully conversant with the conditions under which this consent is granted.

(1) This consent has been granted under Clause 2.3 of the Yass Valley Local Environmental Plan 2013 and Section 68 of the Local Government Act 1993;

(2) All fees and charges associated with this consent shall be adjusted annually from the date of this consent in accordance with seasonal movements in the CPI for the Canberra region;

(3) Any additional Council inspection, beyond the scope of any Compliance Certificate package and needed to verify the compliance of any work, shall be charged at the individual inspection rate nominated in Council’s Fees and Charges Schedule;

(4) This development consent does not guarantee compliance with land specific agreements, by-laws, covenants, 88B restrictions, community management plans, or other similar development restrictions that may be applicable to the land. It is the responsibility of the land owner, applicant and developer to make their own enquiries in order to be satisfied that compliance with these restrictions has been achieved.

(5) The applicant shall ensure all sub-contractors are licensed by the NSW Department of Fair Trading;

(6) The following items shall be considered where the proposed development looks to achieve compliance with the ‘deemed to satisfy’ provisions of the Building Code of Australia:

· Portable fire extinguishers shall be installed in the building or portions of the building compatible to the hazard/s posed by equipment or functions associated with the use of the building, in accordance with Part E1.6 of the Building Code of Australia and AS 2444 (Portable Fire Extinguishers and Fire Blankets Selection and Location);

· Required exit doors are to swing in the direction of egress in accordance with clause D2.20 of the Building Code of Australia;

· The proposed exits are not to be blocked at the point of discharge. Where necessary, suitable barriers must be provided to prevent vehicles from blocking the exit or access to it;

· A door in a required exit, forming part of a required exit or in the path of travel to a required exit, must be readily openable without a key from the side that faces a person seeking egress, by a single hand action on a single device which is located between 900mm and 1100mm from the floor;

· An emergency lighting system which complies with AS 2293.1- 2005 Emergency escape lighting and exit signs for buildings shall be installed within the building;

· All required exit doors shall be provided with Illuminated exit signage which complies with AS 2293.1- 2005 Emergency escape lighting and exit signs for buildings;

· All new walkways, platforms, ladders, stairs, ramps, landings, handrails or balustrades providing access to the building shall comply with Part D of the Building Code of Australia;

· Access for people with disabilities is to be provided to the building from any required accessible car parking space on the allotment by means of a continuous path of travel in accordance with AS 1428.1, ‘Design for Access and Mobility’;

· The accessible sanitary facility and the sanitary facility for persons with ambulant disabilities shall be constructed in accordance with AS 1428.1: ‘Design for Access and Mobility’;

· The main points of pedestrian entry into the building shall achieve compliance with AS 1428.1-2009 ‘Design for Access and Mobility’. Particular attention should be given to the following:

Ø Colour contrast between the door and the door frame;

Ø The width of the door;

Ø Door hardware;

· Tactile ground surface indicators shall be provided in accordance with Clause D3.8 of the Building Code of Australia, Volume 1 and AS1428.4;

· Signage shall be provided in accordance with Clause D3.6 of the Building Code of Australia, Volume 1 and AS1428.1;

· The unobstructed width of each path of travel to an exit must be not less than 1m;

(7) The Work Health and Safety Act 2011, the Work Health and Safety Regulation 2011 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by WorkCover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.

All persons undertaking work in connection with this consent should ensure that all required risk control measures and procedures are complied with.

(8) To arrange a building or plumbing inspection please use Councils on-line booking system. Access to the booking system and information about Inspections is available on Council’s website - https://www.yassvalley.nsw.gov.au/our-services/planning-and-building/certification-and-inspections/inspections/

Your development is in the Wee Jasper area for the purpose of booking these inspections.

Ordinary Council Meeting 25 March 2020

7.3 Partial Closure of Road Reserve - Reddall Street, Yass

SUMMARY

To obtain approval to commence the process for the closure of a portion of the Reddall Street road reserve adjacent 75 Laidlaw Street, Yass.

RECOMMENDATION

That:

1. The portion of the Reddall Street road reserve adjacent 75 Laidlaw Street, Yass is identified as being surplus to Council requirements and serves no physical purpose in being retained as road reserve

2. The road closure process and public notification be commenced in accordance with the Roads Act 1993

3. Subject to there being no objections received in respect of this proposal, and that the owner of 75 Laidlaw Street agrees to the purchase of the portion road reserve in accordance with the formal valuation of the land and payment of all associated fees and charges, that:

a. The closure of the portion of road reserve of Reddall Street be approved.

b. The said closed portion of road reserve be dedicated as Operational Land.

c. The said closed portion of road reserve be offered to the adjacent property owner.

d. The General Manager and Mayor be authorise to use to the Council seal, as required, on all associated documentation.

Financial IMPLICATIONS

The estimated costs of the road closure process is $5,500, plus GST, associated with the road transfer, dedication and closure which will be funded by the adjacent owner.

Additionally the costs associated with independent property valuation reports will also be funded by the adjacent owner through the land sale process should Council consent to the proposal.

POlicy & Legislation

· Roads Act 1993

· Local Government Act 1993

· Assets - Sale of (Funds) Policy

· Property Acquisition and Disposal Policy

REPORT

1. Background

A request was received from the owners of the property at 75 Laidlaw Street, Yass to acquire a portion of public road reserve in Reddall Street adjacent to their property to assist in the orderly development of the site (refer Attachment A).

No current or future operational issues have been identified with the closure of this portion of public road reserve.

2. Adjacent Development

As part of the development of the property at 75 Laidlaw Street, Yass the owner was required to ensure that stormwater generated from upstream catchments was able to pass unabated through the property and without impact to the property itself or adjacent properties or those properties and other infrastructure either upstream or downstream of the property.

In March 2019 the engineering calculations provided by the developer at the time indicated that the works to be carried out along the ‘southern’ boundary of the property would achieve the required stormwater management outcomes and the works subsequently constructed in line with those conditions.

This ‘containment’ of overland flows by this development lead to a request from the owner to purchase a portion of Reddall Street road reserve on the ‘northern’ side of the property for the purposes of constructing landscaping and car parking associated with the property. The area requested to be purchased is approximately 5m wide by 192m length and 960m².

3. Upstream Stormwater Management

A stormwater study in Yass is currently being undertaken to determine appropriate stormwater management activities and projects required to effectively manage overland flows into the Yass River. As noted in a previous request to Council in August 2019 for the lease/acquisition of Reddall Street on the corner of Glebe Street another portion of road reserve stormwater, along Reddall Street is managed through an overland flow path within the current road reserve. The road reserve between Glebe Street and Ford Street is 60m wide, reflecting this overland flow path, but constricts to 25m between Glebe Street and Laidlaw Street (refer Attachment B), in line with the diversion of this overland flow path along the southern side of the development.

Subsequently the application to purchase a portion of road along the northern side of 75 Laidlaw Street, Yass in Reddall Street is not considered detrimental to the overland flow of stormwater along Reddall Street and the current stormwater management works undertaken on that property will be taken into account as part of the Yass Stormwater Management Study due to presented to Council in December 2020.

Council has however taken the prudent step to review future requests for land sale or lease upstream of this property on the basis that such decisions require consideration as to possible uses of the road reserve space to assist in the management of stormwater in this area.

4. Utility Infrastructure

A review of Council’s underground water and wastewater services has been conducted to ensure that either services remained in the road reserve or within easements. These requirements allows Council to access such infrastructure in the future should the need arise.

The water main in Reddall Street will still be some 2.5m in the road reserve allowing access without impediment from adjacent properties. The existing wastewater main will be located within a portion of land to be transferred to Council as road reserve, at no cost to Council, on the Glebe Street intersection which will be able to be accessed easily by Council should the need arise.

It is noted that a second wastewater main is already located though the property however this is covered by existing rights of access under the Local Government Act 1993 and were therefore not considered relevant within this application.

Any relocation of services owned and managed by other utilities are dealt with by the applicant at their cost and no cost to Council through the notification process noted under the Roads Act 1993.

5. Valuation of Land

If the portion of the road reserve is to be closed and sol, two independent property valuations will be sought to determine the value of the land. The valuations will form the basis of any sale.

On acceptance of the independent valuation, documentation relating to the sale of the land are drawn up for signature by both parties.

Council staff have review the requested and no current or future operational issue have been identified with the part road closure.

6. Public Display

The closure of public road reserve requires Council to publically display the proposed closure and to invite submissions on this closure for consideration by Council.

7. Governance

In order for Council to undertake the sale of land, it is required to declare the land as being Operational Land under s25 Local Government Act 1993. Council must also identify the said land as being surplus to Council requirements and serving no physical purpose to being retained as road reserve.

Following the creation of stormwater management works along the southern boundary of 75 Laidlaw Street, Yass in accordance with the development consent associated with that property, it is proposed that the portion of road reserve in Laidlaw Street proposed to be closed and sold to the adjacent owner, is not required for Council purposes and is therefore surplus to Council requirements and may be closed and sold.

Council’s Property Acquisition & Disposal Policy allows for sale of the said land by negotiation – with owners of adjoining or others with a pre-existing interest in the property, or where the property is to be used by a purchaser whose purpose for the property is consistent with Council’s strategic objectives for the property. The selection of a suitable disposal method includes consideration of the number of known potential purchasers of the property. In this instance the adjoining owner is the only potential purchaser.

Under the Policy the following matters are to be considered:

· Operational Value: the land holds no operational value to Council and there are no further commercial returns outside the sale of the said land to Council.

· Strategic Value: Stormwater management has already been catered for within the confines of the adjacent property. The remaining road reserve and constructed road cross section are considered adequate to cater for road related stormwater management.

· Commercial Value: The said land does not achieve a commercial return for Council, nor likely to as a road reserve.

· Surplus Property: Once closed the land would be surplus to Council’s road management and property access needs.

The request for a partial road closure and purchase of the land commenced prior to the development of Council’s processes around unsolicited approaches to Council and therefore it is proposed to continue this closure process outside those processes. This proposed closure and potential sale only provides an interest to the adjacent landowner and therefore outside the intent of the unsolicited approaches process.

The sale of the land does not conflict with the Community Service Plan Strategy, Delivery Program Action, and Operational Plan Activity. No current of future operational needs have been identified for retaining this portion of the road reserve.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN3 - Maintain and improve road infrastructure and connectivity

Delivery Program Action IN3.1 - Deliver transport asset infrastructure, maintenance, renewal and enhancement programs for urban, rural and regional roads to maintain or improve overall condition

Operational Plan Activity IN3.1.3 - Implement sound asset management practices in accordance with industry standards

ATTACHMENTS: a. Proposed Road Closure, Reddall Street, Yass ⇩

b. Road Reserve Widths, Reddall Street, Yass ⇩

Ordinary Council Meeting 25 March 2020

7.4 Food and Organics Waste Recycling

SUMMARY

This report is to present options in regards to the possible kerbside collection of green waste or food and organics waste within the current domestic collection service areas.

RECOMMENDATION

That a survey be undertaken of the current domestic collection serve areas to determine whether the introduction of such a service (and the approximate costs) would be favourably received and the results of this survey be brought back to Council for further consideration.

Financial IMPLICATIONS

The collection of green waste or food organics and green organics waste is costed through Council waste management budget lines in accordance with the requirements of the Local Government Act and its associated regulations. Financial implications associated with various options are noted within the report.

POlicy & Legislation

· Local Government Act 1993

REPORT

1. Background

Prior to 2003 Council provided a recycling services using a single 240lt bin with a divider, with recycling one side and waste the other side, providing a weekly service of 120lt waste and 120lt recycling. In 2003 Council introduced the current two waste bin collection service to coincide with closing the in-house ‘material recycling processing line’ and commenced transporting recycling to Hume. A 140lt waste bin was also distributed with the original 240lt bin converted to a fortnightly recycling collection. These services did not include a separate green waste collection service with green waste collected though the domestic waste service and disposed of to land fill or through a pay-as-you-go service at Council’s transfer stations.

In 2008 Council purchased a second collection vehicle to deal with increased demand.

In 2013 Council upgraded the collection vehicles to again cater for greater demand for the service.

Two new vehicles were leased in 2019 and currently collect a total of 6,230 bins per week, being 4,213 garbage bins and 2,107 recycle bins. While there is some capacity to extend and add to the existing service this is being taken up by increased demand with around 100 new services each year from growth in Yass & Murrumbateman and surrounds.

In 2018 requested were received to investigate green waste or Food Organics and Green Organics (FOGO) waste collection within the current domestic waste collection areas noting that green waste or FOGO collection services are not listed in the 2016/2020 Community Strategic Plan.

2. Current Situation

Currently green waste is delivered by residents to waste transfer stations for disposal and processing. Yass and Murrumbateman transfer stations receive the highest quantities of green waste. An average, each year Council mulches approximately 12,000 m3 of product which includes general garden waste, lawn clippings and tree branches.

This equates to approximately 1½, 6’ x 4 ‘ trailer loads per household per year, or the equivalent of each household producing 6 x 240lt garbage bins for collection yearly.

3. Options

In order to provide a green waste/FOGO kerbside collection service Council would need to provide third collection bin to avoid contamination with domestic and other recyclable materials. Additionally other available processing facilities would be required.

3.1 Option 1 – Green Waste Collection only

This option requires the provision of a Green Waste only (3^rd bin) collection to current kerbside recipients.

Currently 4,213 households receiving a kerbside service at an annual charge of $397 per household (2019/20 Fees and Charges). The provision of a third bin for this service would require the following in addition to the annual domestic collection charge:

3.1.1 Infrastructure Requirements (Options 1, 2 and 3 only)

Initial capital start-up costs would include the capital purchase of the following:

• Additional Side-Load truck $ 390,000 Ex GST

• 4,213 240lt Green waste Bins $ 236,000 Ex GST

Total $ 626,000

3.1.2 Operational Expenses

• Truck Lease Payment $ 88,000

• Wages (incl on costs) $ 66,500 * based on 5 days per fortnight (42.5 hrs)

• Vehicle running costs $ 65,000

• Amortization cost of Bins $ 27,200 * over 5 years

• Registration & Insurance $ 6,000

• Mulching Green Waste only $ 96,000 * based on 12,000m³

Total $ 348,700

Cost for collection per annum $82.77

Residents not receiving kerbside collection would continue to dispose of their green waste direct to nearest transfer station on a pay as you go basis and there would be no alteration to that service.

3.2 Option 2 - Food Organics and Garden Organics (FOGO)

This option requires the provision of a Food Organics and Garden Organics (FOGO) (3rd bin) collection to current kerbside recipients

This option requires Council to transport FOGO products to the nearest processing facility located in either Canberra or Goulburn. The long term viability as to acceptance of this material and associated costs to disposed have not been determined but have been estimated for the purposes of this report. These estimates are considered reasonable.

The provision of a third bin for this service would require the following in addition to the annual domestic collection charge:

3.2.1 To Collect and Process FOGO

• Truck Lease Payment $ 88,000

• Wages (incl on-costs) $ 66,500 * based on 5 days per fortnight (42.5 hrs)

• Vehicle running costs $ 65,000

• Amortization cost of Bins $ 27,200 * over 5 years

• Registration & Insurance $ 6,000

• Indicative Disposal Costs $172,800 * At approved EPA facility

• Additional Transfer costs (Travel) $ 28,600

Total $454,100

Cost for collection per annum $107.79

Further licencing approval may also be required from the Environmental Protection Agency (EPA) in order to operate such a facility over its existing capacity. These costs are unknown and may increase disposal fees accordingly.

3.3 Option 3 – Private industry involvement

This option considers the possible involvement of private industry to accept and process green waste or FOGO as part of their normal business operations at little to no cost to Council if market was available to on-sell the processed product.

Surety around long term contracts would be essential to ensure the ongoing viability of providing this service and the outlay of cost for infrastructure to enable Council to undertake the 3rd bin collection.

It is also likely that Council would be required to accept any contamination of product or contaminants within the each load free of charge for disposal to landfill, adding an additional cost to Council in providing the service.

This option has not been further explored to date as it requires Council to move towards a 3-bin collection service.

3.3.1 To Collect Green Waste and Explore Option with disposal at Nil Cost

• Truck Lease Payment $ 88,000

• Wages (incl on costs) $ 66,500 * based on 5 days per fortnight (42.5 hrs)

• Vehicle running costs $ 65,000

• Amortization cost of Bins $ 27,200 * over 5 years

• Registration & Insurance $ 6,000

Total $ 252,700

Cost for collection per annum $60.00

3.4 Option 4 – Regional based collection

The issue around waste collection generally is one facing many local Councils regardless of their size and ability to provide essential services to their communities.

With greater expectations from state and federal governments to deal with ‘recyclable’ waste products, such as green waste and FOGO, a wider approach to green waste recycling could be considered through the Canberra Region Joint Organisation (CRJO) for the consideration of a regional FOGO recycling project, with the objective to the development of a central location for the benefit of member Councils in processing bulk FOGO.

4. Promotion of Waste Reduction

Under the current ‘drop-off user-pays’ system green waste is separated for further mulching at transfer stations and provided back to the community for free. Whilst ways to improve the reduction of waste continue to be explored, Council continues to be proactive in having waste sorted into respective piles for recycling prior to waste going to landfill.

Recycling at the transfer stations continues to provide a financial incentive to residents rather than the higher fees that apply to landfill disposal.

It is expected that the introduction of a green waste/FOGO kerbside collection service would reduce waste to landfill by around 10% (or 26t) taking into account the majority of green waste is already recycled through or transfer stations. This reduction in landfill is expected to save Council in the order to $5,000 per annum.

5. Summary of Options

· Option1. Introduction of third bin Green Waste kerbside pick only

Additional $83 per annum for fortnightly kerbside collection.

· Option2. Introduction of third bin Food Organics and Garden Organics (FOGO)

Additional cost $108 per annum for fortnightly collection.

Formal agreement on disposal costs and acceptance of raw product required.

Significant degree of uncertainty in regards to continued service and rejection of contaminated materials.

· Option3. Private industry involvement acceptance and disposal of Green Waste only or FOGO

Additional cost $60 per annum based on local business to defray additional travel, employment and running costs.

· Option 4 Regional based collection

Additional costs unknown at this stage.

6. Conclusion

The introduction of a green waste kerbside collection service to the existing domestic collection service is likely to cost in the order of $83 collection per annum and require Council to acquire significant infrastructure. As a result the service would need ‘compulsory’ and not an ‘opt-in/opt-out’ service for each property served in order to minimise individual collection costs. Escalation of this service to FOGO collection would increase the annual charge by $108 collection per annum.

While such services are provided in other larger Council areas with a greater density of housing stock and limited on-site reuse or restricted availability of public disposal sites such as transfer stations, the need for such a service is unknown but not likely to be significant enough to warrant its introduction at this time.

It may be relevant for Council to undertake a survey of the current domestic collection serve areas to determine whether the introduction of such a service (and the approximate costs) would be favourably received.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN6 - Implement safe, accessible, and ef?cient management and recycling options for general waste, green waste, and sewage

Delivery Program Action IN6.2 - Provide an efficient and sustainable waste service

Operational Plan Activity IN6.2.1 - Operation of domestic and commercial waste collection

ATTACHMENTS: Nil

Ordinary Council Meeting 25 March 2020

9.2 Offer to Purchase - Restored Stationary Engine

SUMMARY

Presenting a report on an offer for Council to purchase a restored stationary engine. It is recommended that the offer be declined at this stage.

RECOMMENDATION

That:

1. The offer to purchase the 1901 restored stationary engine be declined at this stage.

2. The custodianship of Council’s 1904 engine be reviewed.

Financial IMPLICATIONS

No resources are included in the current Operational Plan for the purchase of a restored engine, undertake valuations or due diligence reports or house the machine if it is purchased.

The whole of life costs associated with the machine and ongoing operating costs are unknown.

There are no resources identified in Council’s Long Term Financial Plan for the purchase and its ongoing management.

POlicy & Legislation

· Local Government Act 1993

· Regional Community Strategic Plan 2016-36, Delivery Program 2017-21 and Operational Plan 2019-20.

· Yass Valley Local Environmental Plan 2013

· Asset Management Policy

· Property Acquisition & Disposal Policy

REPORT

1. Proposal

An offer has been received from Mr Chris Broers for Council to purchase a restored stationary engine for $30,000.

The restored engine is 119 years only and operated for 50 years at the Yass Gas Works. The machine is a rare American ‘1901 Olds Hit and Miss’ gas engine and one of only three remaining engines in the world.

2. Background

Council has previously purchased an historic engine. In May 2013 Council purchased the 1904 Fairbanks Morse engine formerly used at the Crago Mill. This machine is currently in the custodianship of Mr Broers on the basis that:

· Mr Broers retains custodianship until Council finds a proper home or the engine

· Mr Broers carries out any minor maintenance as required

· The engine being housed in a suitable location to protect it from damage and the weather

· Mr Broers holding the right to use the engine for any ‘antique machinery displays’

· Council funding any major maintenance costs or costs to protect the engine including making it transportable

· Council reserving the right to withdraw its custodianship at any time with a minimum of 30 days’ notice

It should be noted that the report to Council at the time indicated that the Yass Antique Farm Machinery Club would be the custodians of the engine however it seems that this has been placed in the custodianship of an individual and not the organisation.

No proper home has been found by Council for the engine nor does it appear that this has been actively pursued.

There is no indication that Council has been requested to fund any major maintenance costs associated with the engine. Any work is therefore considered to be minor or routine maintenance.

The only Council request to make the 1904 engine available for a public event was in April 2018 however this was rejected by the custodian due to insufficient notice and the engine was in parts as it was being prepared for a Can Assist event.

The current offer indicates a similar custodianship arrangement for the 1901 engine. This would be preferable to be a legal entity (e.g. incorporated body) rather than an individual.

3. Decision Making Process

Council develops forward plans for its activities to guide future decision making. However there are times outside of the usual planning process in which strategic opportunities arise that warrant evaluation. To assist with this evaluations Council endorse a flowchart for such proposals i.e.

The evaluation of the proposal has followed this process.

4. Legislation

The Local Government Act 1993 establishes the powers and obligations of Councils.

Section 8A of the Act sets out the guiding principles for Councils. Amongst these are that Councils should:

· Manage assets so that current and future community needs can be met in an affordable way

· Have effective financial and asset management

· Identify and prioritise key local community needs and aspirations and consider regional priorities

While Councils have a responsibility for undertaking a range of prescribed activities and regulatory functions it also has the flexibility to determine what other activities it chooses to become involved with. This allows each Council to determine which other services it wishes to provide to meet community needs above its prescribed functions.

The purchase of an historic restored engine would need to occur consistently with the established priorities for Council, as expressed in its strategic planning documents and through appropriate Council resolutions. Further the Office of Local Government would have an expectation that any proposed asset acquisition follows a robust business case analysis, relevant to the life costs for the proposed transaction.

The purchase of the historic restored engine therefore needs to be consistent with Council’s strategic planning and priorities.

5. Regional Community Strategic Plan, Delivery Program & Operational Plan

The purchase of the historic restored engine does not form part of Council’s established strategy for purchase of strategic assets.

There is currently no reference to this proposal in Council’s Regional Community Strategic Plan 2016-36, Delivery Program 2017-21 or Operational Plan 2019-20 or the recently adopted strategic infrastructure priorities.

The CSP does make broad reference to:

· Strategy CO4 - Recognise and celebrate our diverse cultural identities and protect and maintain our community's natural and built environment

While the purchase of the machine may assist with meeting this aspirational objective of the community unfortunately there are no Delivery Program Actions or Operational Plan Activities relating to the purchase of heritage machinery or properties.

6. Local Planning

The Yass Valley Local Environmental Plan 2013 is focused on the preservation and conservation of heritage properties. Unfortunately this does not extend to heritage machinery or ‘movable’ assets.

No publically accessible site or building has been identified to accommodate the engine.

7. Council Policy

There are two Council policies applicable to this proposal i.e.

· Asset Management Policy

· Property Acquisition & Disposal Policy

7.1 Asset Management

While Council has an Asset Management Policy there is no up-to-date Asset Management Plan in place for Council assets. Council has endorsed the need to develop the Asset Management Plan but the project has not commenced.

The policy details the principles for any strategy or plan but is clearly not a plan. Without such a plan in place it is not possible to determine the implications of purchasing the machine on the assets portfolio and ongoing Council asset management.

No due diligence into the current condition of the machine or its value has been undertaken.

7.2 Property Acquisition & Disposal Policy

Under this policy Council can acquire assets for the purposes of its functions under the Local Government Act 1993. The legislation permits Council to determine the services and facilities it provides to meet local community needs. The priorities are identified in its Regional Community Strategic Plan and associated documents.

Under the policy asset acquisition requires an independent valuation to be undertaken. No valuation has been undertaken. The need for a valuation would only be necessary if Council determined to proceed with a purchase.

Under the policy acquisitions must have regard to specific criteria. This criteria and the commentary are as follows:

· Identification as to the ‘purpose’ for the acquisition

Other than preserving a machine of some local heritage value no other purpose has been identified.

Council’s purchase of the machine is not the only means of preserving the engine. The current owner could continue to retain ownership or transfer/donate/sell it to another likeminded community organisation (e.g. antique machinery group, National Trust) or another public institution (e.g. Powerhouse Museum).

· Identification in Council strategic documents

The purchase of the engine has not been identified in the Regional Community Strategic Plan or associated documents.

· Land classification upon acquisition (operational or community per Section 25 Local Government Act 1993)

Not applicable.

· Any property swap opportunities

Not applicable.

· Prospect for capital gain, rate of return, investment risk and timeframe

These prospects have not been examined in any detail. Having regard to the rarity of the machine it could be expected to appreciate in value provided there continues to be interest and a market for old machines. Unless viewing of the machine can be controlled there is little prospect of obtaining any other return on the investment.

· Any commercial or redevelopment opportunity that would be considered in the overall public interest

No commercial opportunity or wider public interest has been identified.

· Stimulation of the market or enabling the local economy.

Refer above comments.

· Demonstrable community need where there is evidence of market failure

Council’s strategic plans have not identified that the purchase of the machine will meet a specific community or operational need.

· Costs including acquisition, ongoing and whole of life costing associated with any operational, capital improvement and opportunity costs

The purchase price $30,000 but no other costs have been examined.

· Funding arrangements and impact on Council finances or services

No financial resources have been identified in the Operational Plan or Long Term Financial Plan for the purchase of new assets properties.

8. Conclusion

The proposal does not meet Council’s current strategic priorities as identified in the Regional Community Strategic Plan and associate documents. Similarly it does not meet the criteria for acquisition in Council’s policy.

Accordingly it is recommended not to proceed with the purchase of the 1901 engine and the current custodianship of Council’s 1904 engine be reviewed.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN4 - Maintain and update existing community facilities, and support the development of new community infrastructure as needed

Delivery Program Action IN4.1 - Develop and maintain new and existing recreational and community assets to address our communities needs in a sustainable manner

Operational Plan Activity IN4.1.4 - Manage Council’s properties and buildings

ATTACHMENTS: a. Restored Station Engine ⇩

12.1 Minutes of the Bango Wind Farm Community Consultative Committee held on 18 February 2020

Attachment a Bango Wind Farm Community Consultative Committee Minutes 18 February 2020

	BANGO WIND FARM COMMUNITY CONSULTATIVE COMMITTEE Minutes of meeting held on Tuesday 18^th February 2020 Yass Clubhouse Hotel
Attendees:
Lisa Andrews (LA)		Independent Chair
Tegan Doblinger (TD) Malcolm Moore (MM) Lyn Diskon (LD) Brooke Watson (BW)		CWP Renewables (Assistant Project Manager) CWP Renewables (Site Supervisor) CWP Renewables (Community Engagement Officer) Yass Valley Business Chamber delegate
Laurie Hutchison (LH) Terry Sellwood (TS)		Ngunnawal Aboriginal Corporation Community Representative [arrived at 11.26pm)
Cr Geoff Frost (GF) Thomas McGrath (TM) Apologies Jonathan Post Jayne Apps Absent: Cr John Walker Andrew Winterflood		Yass Valley Council delegate Community Representative (Host Landholder) CWP Renewables (Project Manager) Boorowa District Landscape Guardians Hilltops Council delegate Community Representative

Meeting commenced at 11.13am.

Welcome and Introductions

The Chair welcomed everyone to the Bango Wind Farm (BWF) Community Consultative Committee (CCC) and introduced Brooke Watson, from the Yass Business Chamber, (YBC new stakeholder group). BW was invited to provide background on her position with YBC.

The attendance sheet was distributed for signing.

Apologies

Jonathan Post & Jayne Apps.

Declaration of Interest

The Chair declared her interest as Independent Chairperson of the BWF CCC, approved by the Department of Planning, Industry and Environment, and engaged by CWP Renewables to chair the meeting.

No changes to previous declarations by members.

Business Arising from Previous Minutes

Minutes of CCC held 12^th November 2019 were finalised and emailed to members on 4^th December 2019.

Action Items from Previous Meeting

Item	Issue	Responsibility
1	Downer to provide its water source strategy for construction to Yass Valley Council and Hilltops Council. NFA, project now sourcing water from out of town.	JP/MM (Downer)
2	Once construction commences - provide figures of local employment/contractors to CCC. Included in presentation.	TG/JP
3	Implications on putting power into the grid and what the RET impacts were. Project doesn’t rely on the RET – viable without this program.	JP
4	Update Acronym Sheet (ongoing). Updated and sent 4/12/19. Add LGC.	TG
5	Possible contributions to the community by CWP (standing agenda item moving forward). Sponsorship of both Yass & Boorowa Shows. Information posted on the website, facebook & newsletter. Some informal enquiries have been received. Action: Email application form to CCC members.^#	All

^#https://bangowindfarm.com.au/wp-content/uploads/2020/01/Bango-Wind-Farm-Sponsorship-Request.pdf

https://bangowindfarm.com.au/wp-content/uploads/2020/01/Bango-Wind-Farm-Sponsorship-Guidelines.pdf

Correspondence

Correspondence as sent out with the meeting notice on 4/2/20 with one additional item:

· 20/11/19 – Email to members with the draft minutes for review.

· 4/12/19 – Email to members with the finalised minutes and acronym sheet

· 4/12/19 – Letter to Terry Sellwood with the finalised minutes.

· 16/1/20 – Email to members with the latest Bango WF newsletter.

· 16/1/20 - Letter to TS with same information.

· 4/2/20 – Email to members with the Meeting Notice for this meeting. Same information sent to TS.

· 17/2/20 – Email to members with a reminder for this meeting, including the agenda.

Accepted.

Project Update – CWP Renewables

MM provided attendees with a brief presentation; questions asked and answered throughout. A copy of the document and coded reference map were distributed to attendees.

Current Status:

1. Completion of temporary site facilities, now established and permanent.

2. Batch plant area has been prepared in readiness for batch plant installation. Finalising negotiations with batch plant operator over the next month.

3. Construction of substation well advanced with power pole install progressing. Transgrid is building a substation on Tangmangaroo Road and will disseminate out to the main power lines.

4. Current area where road is up to in the eastern cluster. Were the road is sealed at the moment to give Transgrid access.

5. Works progressing on track/hardstand areas, in varying stages. Western side, 3 locations on side of track in different stages of hard stand construction.

6. Three metmasts in advanced stages of completion. Two will be temporary masts and one permanent. The three will communicate with each other and collect weather data. Once enough information has been collated, two will be removed.

7. Areas of progress in the coming months.

Next 3 months

· Commence pouring of foundations in the Western Cluster (Tangmangaroo Rd & Lachlan Valley Way).

· June/July – potential deliveries of turbine components.

· Advance into the eastern cluster.

· Early to mid March, there will be a transformer delivery to the substation. Action: MM to advise CCC of timeframe.

Site Numbers:

§ Currently ranging from 70-80 personnel onsite for the windfarm and another 15-20 for the substation construction.

§ Foundation contractor/concrete batch plant/electrical contractors mobilising over the coming months.

§ Three new cleaners have been employed to clean the offices/site facilities. All come from Boorowa area.

§ Maliyans from Cootamundra and RECS from Young are providing civil works. Over the next month, foundation and electrical contractors will be mobilising to the site.

GF asked if there were going to be any arrangements for public access. MM advised that signage has been installed. Currently arranging for security cameras, fences and gates.

General Business

· TM advised that work has commenced on his property. Quite daunting with builders coming on site. Communication is working well between the proponent and contractors.

· GF enquired whether most people that are likely to be employed, have been. MM responded that the foundation contractor will have opportunities for concrete formworkers. As well, the concrete batching plant may have prospects. GF asked if there had been any issues with accessing accommodation due to the influx of contractors in the area. It was agreed that there was a shortage of housing in the area. GF advised that Council is currently looking at amending its Local Environmental Plan to allow for more medium density housing.

· TM informed the CCC that the proposed motel in Boorowa is proceeding.

· Discussions held on the dual highway from Canberra to Yass.

· LD advised that she has been in discussions regarding possible community investment into the Bango project and explained how it would operate as a co-ownership/community owned venture, similar to the Sapphire Wind Farm in the northern tablelands. Further details to come.

· LD explained the current program for presentations to the local schools in the area; as well as a proposed cycling/walking event from Yass, via Rye Park to Boorowa. Discussions regarding best contacts to assist with organising, logistics and running the event.

· MM advised that it is proposed to organise an open day, once the project is constructed and in operation. As well, hoping to get the Mens Health Education Rural Van (MHERV) out to the site to discuss issues with contractors/employees. The MHERV is an initiative by the Rotary Club, where a custom built van and qualified staff attend, offering free health screening to rural and regional men (blood sugars, cholesterol, blood pressure and mental health issues). Link: https://mherv.com.au/

Next Meeting

The next meeting will be on:

· Tuesday 19^th May 2020 – Boorowa commencing at 11am. (Magistrates Tea Rooms - venue to be confirmed). Thomas McGrath will be an apology.

Meeting closed at 12noon with LA thanking all for their attendance.

Action Items

Item	Issue	Responsibility
1	Email sponsorship form to CCC with minutes	LA/LD
2	Advise CCC of delivery date for transformer	MM/LA
3	Provide figures of local employment/contractors to CCC (ongoing)	TG/JP
4	Update Acronym Sheet (ongoing)	TG
5	Possible contributions to the community by CWP (standing agenda item moving forward)	All